Warner Bros. Discovery (WBD) and DC Comics have successfully avoided a potential legal battle regarding the rights to Superman, following a ruling from U.S. District Judge Jesse Furman. The court dismissed a lawsuit from the estate of Joseph Shuster, who co-created Superman, which aimed to impede the release of WBD's upcoming film in several international markets ahead of its scheduled debut in July.
The lawsuit, filed by Warren Peary—Shuster’s nephew—claimed that WBD infringed upon copyright laws in countries including the U.K., Australia, Canada, and Ireland. Peary argued that WBD lost its international rights to Superman years ago, yet continued to exploit these rights without proper permission or compensation. He sought a share of profits from various works attributed to this alleged infringement, including popular films such as Zack Snyder’s Justice League, Black Adam, and Shazam!.
In his Thursday ruling, Judge Furman highlighted that the claims made by Peary were explicitly under the laws of foreign nations, not U.S. law. He stated, "His infringement claims are brought explicitly under the laws of foreign countries, not the laws of the United States." This critical interpretation effectively nullified Peary's arguments that the case should consider U.S. copyright law.
One of Peary's primary arguments revolved around the Berne Convention, an international treaty established in 1886 that sets minimum standards for copyright protection. He contended that the court must apply the laws of the countries where his rights to Superman were allegedly infringed. According to U.K. copyright law, for instance, copyright assignments terminate 25 years after the author’s death. Since Shuster passed away in 1992, Peary posited that his estate reclaimed the rights to Superman in 2017.
However, the court concluded that the Berne Convention is not "self-executing," meaning its provisions are not automatically enforceable in U.S. courts, further supporting WBD’s position.
The ownership of Superman by DC dates back to 1938 when writer Jerome Siegel and artist Joseph Shuster sold their rights to the character for a mere $130. Superman made his debut in Action Comics No. 1, where his origin story, secret identity as newspaper reporter Clark Kent, and superhuman abilities were introduced. Notably, his first flight occurred in 1943 in Action Comics No. 65.
Since its inception, Superman's rights have been a frequent target of litigation. The first significant legal battle occurred in 1947 when Siegel and Shuster contested DC's ownership. This case ultimately settled with a $94,000 payout to the creators. Under U.S. copyright law, Shuster could typically reclaim domestic rights to Superman after a specified period. However, a deal struck in 1992 by his siblings with DC terminated that right in exchange for $25,000 annually. A federal appeals court later upheld this determination.
Another layer of complexity in this legal saga is whether Shuster’s sister had the authority to bind the estate to the agreement that purportedly surrendered its rights to terminate DC's ownership of Superman. The court did not address this issue due to its lack of authority over the case.
Peary's legal representation included prominent copyright termination attorney Marc Toberoff, who chose not to comment on the ruling. The outcome of this case marks a significant victory for Warner Bros. Discovery and DC Comics as they continue to navigate the intricate landscape of intellectual property rights concerning one of their most iconic superheroes.
