Warner Bros. Moves to Throw Out ‘Superman’ Suit Over Foreign Copyrights

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Warner Bros. Discovery and DC Comics are attempting to dismiss a legal dispute regarding “Superman’s” copyrights in international regions, stating that the matter has already been thoroughly resolved through previous court cases.

Mark Peary, the nephew of the deceased Superman co-creator Joe Shuster, submitted a legal claim in January, aiming to nullify the studios’ copyrights under the jurisdiction of the UK, Canada, Australia, and Ireland. If this claim is upheld, it may potentially disrupt the scheduled release in July of “Superman,” featuring David Corenswet and directed by James Gunn.

In a petition for case dismissal submitted on Wednesday, Warner Bros. pointed out that numerous courts have previously dismissed Peary’s arguments. The reason being that Peavy, Jerry Peary’s mother, had relinquished all rights to the Superman character following Shuster’s demise in 1992 by signing an agreement.

“Peary’s complaint fails on every ground,” argued Daniel Petrocelli, the studio’s attorney.

Lawyer Marc Toberoff contended that international copyright agreements, specifically in overseas territories, expire 25 years following an author’s demise. He initiated legal action in a federal court in New York, asserting American courts have authority over this disagreement since the U.S. is a member of the Berne Convention.

In counterargument, Petrocelli stated that the Berne Convention cannot be enforced in American courts, and therefore, the case should be discarded as the court has no authority over it.

In addition, the studio contended that the claims made by the Shuster estate had previously been rejected by a federal judge based in Los Angeles, and this decision was supported by the 9th Circuit Court of Appeals back in 2013.

The studio provided an overview of numerous lawsuits that have ensued since Shuster and Jerome Siegel initially sold Superman’s rights for $130 back in 1938. According to the studio, the original creators and their descendants have been compensated with millions of dollars, taking into account inflation, through royalties and other payments.

Following Jerry’s passing, as his only inheritor, I petitioned DC Comics to clear his outstanding debts and enhance my survivor benefits. Gratefully, they consented to my terms, boosting my annual payments from $5,000 to a more substantial $25,000 for the rest of my life. The contract explicitly resolves all disputes related to Jerry’s copyrights and trademarks.

In 2013, it was ruled by the 9th Circuit that the original agreement prevented the estate from later invalidating the copyright.

Toberoff contends that the 9th Circuit’s rulings are exclusive to U.S. copyright law and do not address Peary’s rights in other nations. However, they aim to invoke the “Dickens provision” of British copyright law, asserting its applicability not only in the UK but also in Canada, Australia, Ireland, Israel, Singapore, Hong Kong, India, New Zealand, and South Africa.

Responding to this point, I found myself in agreement with Petrocelli’s stance that the 1992 accord encompasses “all rights,” indeed, extending to foreign rights as well.

Petrocelli stated that there are no exceptions or special cases in the 1992 agreement regarding foreign copyrights, and certainly not for the copyrights in the ten countries Peary has claimed in their complaint.

Warner Bros. had a deadline of March 24th to answer the lawsuit, but they submitted their motion to dismiss around three weeks prior to that date. They also requested that, if the judge chooses not to dismiss the case, it should be moved back to the Los Angeles judge who handled it previously.

Superman is due to enter the public domain in 2034.

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2025-03-06 23:16