Saturday, February 15, 2025

Superman Copyright Dispute Ignites as Joe Shuster’s Estate Sues DC and Warner Bros. Ahead of James Gunn’s Reboot

The estate of Superman co-creator Joe Shuster has filed a lawsuit against DC Comics and Warner Bros., aiming to invalidate the companies’ copyrights in several foreign markets. This legal action arises as Warner Bros. Discovery prepares to unveil a new Superman film this summer, which will reboot the iconic franchise and herald the beginning of a new cinematic universe for DC characters. The lawsuit revives a long-standing dispute that the Ninth Circuit Court of Appeals last addressed in 2013, where Shuster’s estate attempted to cancel the Superman copyright but was ultimately unsuccessful.

In the new case lodged in the Southern District of New York, attorney Marc Toberoff claims under copyright laws in countries including the U.K., Canada, Ireland, and Australia. Toberoff argues that the copyright for Superman reverted to the Shuster estate in most of these territories in 2017, with a similar reversion occurring in Canada in 2021. He states that despite this, DC and Warner Bros. continue to exploit Superman in multiple media formats—ranging from films and television to merchandise—without authorization from the estate.

“Yet defendants continue to exploit Superman across these jurisdictions without the Shuster estate’s authorization,” Toberoff asserted. “This is in direct contravention of these countries’ copyright laws, which require the consent of all joint copyright owners to do so.” In response, Warner Bros. has stated it will vigorously fight the lawsuit, maintaining that they fundamentally disagree with its merits.

Superman, a character brought to life by Shuster and Jerome Siegel, has a history dating back to 1938, when the creators sold the rights for a mere $130. Since then, the heirs of both creators have tirelessly sought to reclaim those rights. Toberoff has been involved in these efforts since 2001, representing the Shuster estate in its ongoing battle against DC. The legal history is steeped in conflict; DC previously sued Toberoff in 2010, alleging that he was attempting to exploit the creators’ estates for personal gain. That lawsuit culminated in a 2-1 ruling in favor of DC at the Ninth Circuit.

In the latest complaint, Toberoff contends that previous litigation dealt primarily with termination rights under U.S. copyright law and does not impact the estate’s rights overseas. The lawsuit emphasizes that under the copyright laws in the U.K. and similar jurisdictions, the rights to Superman automatically reverted to the estates 25 years following the creators’ deaths.

The complaint seeks a judicial order blocking Warner Bros. from distributing the upcoming Superman production in the U.K. and other contested territories without first securing a license from the estate. Toberoff highlighted the necessity for studios to respect global copyright laws, asserting that failure to do so undermines the legal frameworks in foreign countries. “This suit is not intended to deprive fans of their next Superman,” he explained, “but rather seeks just compensation for Joe Shuster’s fundamental contributions as the co-creator of Superman.” As the legal battle unfolds, the ball is now firmly in the court of DC and Warner Bros. to navigate the murky waters of Superman’s legacy with respect for its creators.

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