Warner Bros. Retain The Rights To SUPERMAN In Their Battle With Shuster Family

The heirs of Superman co-creator Joe Shuster have been battling it out with Warner Bros. to reclaim the rights to the Man of Steel; a legal dispute which has left the fate of Superman very uncertain. Well, the latest development has seen the studio emerge victorious.

Follow Josh:
By Josh Wilding - 10/17/2012

From The Associated Press:

DC Comics will retain its rights to Superman after a judge ruled Wednesday that the heirs of one of the superhero's co-creators signed away their ability to reclaim copyrights to the Man of Steel roughly 20 years ago. The ruling means that DC Comics and its owner Warner Bros. will retain all rights to continue using the character in books, films, television and other mediums, including a the film reboot planned for next year.

DC Comics sued the heirs of artist Joe Shuster in 2010, seeking a ruling that they lost their ability to try to reclaim the superhero's copyrights in 1992. U.S. District Court Judge Otis Wright II agreed, stating that Shuster's sister and brother relinquished any chance to reclaim Superman copyrights in exchange for annual pension payments from DC Comics. Shuster and writer Jerry Siegel created Superman, who made his comic book debut in 1938 in Action Comics (hash)1. Both men battled for increased compensation for the superhero throughout their lives and Siegel's heirs have also fought DC for a stake in copyrights to Superman.

Shuster's heirs had argued that the copyright agreements could be terminated under provisions that allowed creators of works made before 1978 a mechanism to reclaim their rights. Wright ruled that the decision by Shuster's sister to accept higher annual payments created a new agreement and the pre-1978 rights no longer applied. "We respectfully disagree with its factual and legal conclusions, and it is surprising given that the judge appeared to emphatically agree with our position at the summary judgment hearing," the Shusters' attorney Marc Toberoff wrote in a statement. He declined further comment, and Warner Bros. and its attorney Daniel Petrocelli also declined comment on the ruling.

Toberoff had argued that an agreement altering copyright interests would have been much longer than the one-page 1992 agreement between DC Comics and Shuster's sister, Joan Shuster Peavy, and his brother, Frank.
The latest Superman film, "Man of Steel" is scheduled to land in theaters in 2013. Director Zach Snyder told fans earlier this year at Comic-Con that his film would make the superhero more relatable than previous depictions that showed him as "a big blue Boy Scout up on the throne and you can't really touch him." In April, the $412 check that DC Comics wrote to acquire Superman and other creative works by Shuster and Siegel sold for $160,000 in an online auction.




DISCLAIMER: This article was submitted by a volunteer contributor who has agreed to our code of conduct. ComicBookMovie.com is protected from liability under "safe harbor" provisions and will disable users who knowingly commit plagiarism, piracy, trademark or copyright infringement. For expeditious removal, contact us HERE.
1
LIKE!
123 Comments
1 2 3
Fastestmanalive - 10/17/2012, 6:41 PM
Good I'm happy, I've been following this and agree with WB/DC, hopefully this will put this dispute to rest.
REDSTORM - 10/17/2012, 6:48 PM
Yes!
superotherside - 10/17/2012, 6:48 PM
Well, hope they just gave them a little just to make them satisfied. But what ever. At least MOS won't be held up. :)
hYPE - 10/17/2012, 6:48 PM
Man, I can't believe how ugly this got. I'm glad WB/DC held on to the right but I feel for the family.
superpooper - 10/17/2012, 6:53 PM
Good. It's not like they're not getting paid anyways. I'm more comfortable with DC/Warner brothers handling supes than these two losers.
AmericanPsychoWolf - 10/17/2012, 6:53 PM
Onwards to Man of Steel.
darkmetal - 10/17/2012, 6:53 PM
Excellent!!!
The Schusters are apparently a family that just cannot honor deals.
Like the Siegel's they later want more money and break the deal.
This doesn't settle the Siegel claims but hopefully WB will win that dispute as well.!!!
It seems Marc Toberoff's little plan isn't going to work out.
XavierLehnsherr - 10/17/2012, 6:54 PM
Superman would've been in Smallville sooner if it weren't for this crap.

Image and video hosting by TinyPic
Ceejay - 10/17/2012, 6:59 PM
Samllville reboot!
TheBloodCrow - 10/17/2012, 7:03 PM
wait, so DC legally steals Superman back from the family of the man who created him? Did I get that right?
bls91183 - 10/17/2012, 7:08 PM
@DarkAngel90 you got it right. that's exactly what happened.
CaptainAmerica - 10/17/2012, 7:08 PM
^nope
NovemberGrey - 10/17/2012, 7:12 PM
If someone sells an old box of comic books at a garage sale for $10, but the new buyer finds out one of those comics is worth $10,000 does he get to sue the new owner because he was stupid enough to sell it for too cheap a price?

They sold the rights, but now regret it. Hindsight's 20/20, but you have to live with your mistakes. That's life.
CaptainAmerica - 10/17/2012, 7:15 PM
^YOU WIN!
LP4 - 10/17/2012, 7:16 PM
YES!!!! DC keeps Superman!!! [frick] the greedy heirs
CoolantTech - 10/17/2012, 7:19 PM
WB/DC is sort of lack luster with their superheroes in movies, but I'd much rather see it in their hands than the Shusters
JDUKE25 - 10/17/2012, 7:20 PM
Good
LP4 - 10/17/2012, 7:21 PM
I never liked this whole lawsuit, it's silly and stupid.

Once you sell the rights of something to a company, YOU ARE THEREBY GIVING UP ALL OWNERSHIP OF THAT PROPERTY.

Stupid siegel and shuster heirs. Maybe now they can finally shut the hell up and leave DC/WB alone.
Banner - 10/17/2012, 7:21 PM
at least give some money to the heirs because you know original creators Jerry and Joe died poor.
LP4 - 10/17/2012, 7:22 PM
I'm pretty sure those idiotic [frick]ing heirs will try to regain Superman again. WB/DC should countersue those greedy assholes. They had no issue trying to take Superman away from countless fans the world over. I hope WB will countersue
angus666 - 10/17/2012, 7:22 PM
As long as The Man of Steel isn't halted I don't care what happens.
darkmetal - 10/17/2012, 7:22 PM
@DarkAngel90 You actually GOT THAT WRONG!!!!!!

Siegel and Schuster signed a deal and accepted money from Dc as they sold the rights to Superman.

They attempted to STEAL the rights back in court and later in Court admitted that they made the deal.

DC Comics still was very generous and paid them and their heirs millions of dollars.

But both families like to make and break deals. And even after DC Comics made a deal in 92 with the heirs of Schuster to give them money and DC paid off all debts of Schuster upon his death and gave the Schusters many bonus payments, the Schusters got greedy and did what they and the Siegels do best: break agreements!

If you doubt the generosity of DC Comics then go to Deadline and read the court documents that detail it.

And this entire mess came about when Marc Taberoff convinced both the Siegels and Schusters to seek the rights as he wanted to then buy the rights and make a film with his company Pacific Pictures.

This was not about the Siegels and Schusters getting the rights, it was about a lawyer manipulating them as he sought the rights.
LP4 - 10/17/2012, 7:23 PM
@dick- NO they didn't "die poor"

DC took care of them for the rest of their lives. They received lifetime health benefits and they got compensated. NO MORE PITY FOR THE HEIRS. This HAS to end people and it HAS TO [frick]ING END THE [frick] NOW.

Superman belongs to DC. End of story.
LP4 - 10/17/2012, 7:24 PM
I'm glad the judge realized how stupid this whole case was and ruled in favor of DC/WB.

Now the heirs can squirm back into the hole they crawled out of.
TheBloodCrow - 10/17/2012, 7:25 PM
@ darkmetal, ahh ok, I get it now. I didn't even know this dispute has been going on. I just skimmed the article and made my assumption.
sKeemAn - 10/17/2012, 7:29 PM
Next time add 15% royalty when you sell it'll last longer
darkmetal - 10/17/2012, 7:31 PM
@LP4 Well said!
People are quoting urban legends and myths as fact when the true story is much different.
Schuster didnt even have a wife or child. He had no poor family he couldnt support.

DC not only gave money they paid for trips for Schuster and his siblings to attend events regarding Superman.

Its all in the Court Papers at Deadline.
pud333 - 10/17/2012, 7:32 PM
It's unfortunate that this keeps coming up. On one hand, I feel bad for the families; after all, how could they have known Superman would essentially be like a lottery ticket? On the other hand, they made the deal. When it comes to contracts, there are specific things to consider: there can't be coercion, both parties must be of sound mind, etc. It seems there were no violations, and the decision was awarded correctly. Sorry, but a deal is a deal.
LP4 - 10/17/2012, 7:37 PM
@darkmetals- Thanks. Yeah people keep trying to make this whole case "the little guy versus the big bad corporation" but damn that is soooooo far off the map.

Fact: Jerry Siegel SOLD all ownership of Superman to DC comics.

Fact: Jerry Siegel and Joe Shuster were taken cared of for the rest of their lives by DC comics- lifetime health benefits and lifetime pension too!

Fact: The heirs didn't create Superman. They are simply greedy assholes trying to profit off of their father/husband's work and they have no issue with trying to take the character away from the legions of fans who made him popular and from the STUDIO (WB) and the company (DC) who made Superman what he is today.

Superman has evolved soooo much under DC's watch. It was greedy and inaccurate for the damn heirs to try to steal him away.

Good for DC!
LP4 - 10/17/2012, 7:39 PM
If WB is smart and if they really want to END this rivalry with the heirs once and for all, they should COUNTER SUE the heirs.

Stop those greedy bastards in their place.

What people don't realize is this lawsuit by the heirs is nothing new. Those bastards have been suing DC/WB for years/decades in fact. As did Jerry Siegel himself.

This has to end NOW. WB should counter sue for damages
LP4 - 10/17/2012, 7:40 PM
And no, you don't end the rivalry as some above stated by PAYING off the heirs. They are greedy. They will come back to leech off some more, it will never end. You don't stop them by GIVING THEM MORE.

You STOP THEM BY SUING THEIR ASSES TO THE POOR HOUSE.
LP4 - 10/17/2012, 7:41 PM
@WeAreVenom- Good point bro, the bitch evil daughter using her mother's ailing health to win sympathy. [frick] that.

These heirs are evil. They are leeches. I'm glad they were finally defeated.
WeAreVenom86 - 10/17/2012, 7:41 PM
We would have felt for the heirs.....until his greedy bitch of a daughter brought up the whole "our dying mother" act and the "I have MS" bullshit. We're sorry....but we are GLAD DC/WB kept the rights! DarkMetal is right...the Siegels and Schusters are a bunch of greedy pricks that are just pissed off because DC/WB is racking in more money than themselves....AND ARE STILL GETTING PAID AND FULL HEALTH COVERAGE FOR THE REST OF THEIR [frick]ING LIVES!!!! We are a long time Superman fan...Superman will always be our favorite of all time. We want to see more comics, movies, games...whatever! Thedy would have just pissed it all away and IF they did sell to Marvel....Marvel would have destroyed Superman. Hell....look at what Marvel/Disney is doing to Stan Lee and others. Disney is 10 times worse than WB/DC.
LP4 - 10/17/2012, 7:44 PM
I don't even think these heirs have any respect for Jerry Siegel himself.

They are tarnishing his memory by doing this lawsuit because it makes him look bad. Makes his whole legacy look bad.

Now when people think of the name "Siegel" they will only be thinking of the lawsuit and its pure absurdity. HOW SAD!

WeAreVenom86 - 10/17/2012, 7:45 PM
O.o and thank you @ LP4
LP4 - 10/17/2012, 7:45 PM
I'm pretty sure people will comment and bash me for attacking the "poor wittle siegel heirs" bring it on. I'm ready.
WeAreVenom86 - 10/17/2012, 7:48 PM
[frick] 'em
rocky - 10/17/2012, 7:50 PM
I'm glad DC is keeping the rights. They're the ones that have kept him in the spotlight all these years and have been the caretakers. Superman outside of the DCU would not have been the same by any stretch.

I have mixed feelings about the families. First I always sided with WB for having bought nthe rights and the families always came across as simply greedy to me and using personal illnesses to get public sympathy shameful. DC is paying these folk an annual pension so that sounds pretty fair. Now they can shut up and enjoy their money.
rocky - 10/17/2012, 7:52 PM
Now who was it that was insulting anyone that sided with WB on that other thread? I guess they can eat some crow right about now
Knightrider - 10/17/2012, 7:52 PM
Awesome, now lets move on and start focusing on movies, comics and other media to make Supe's king of superheroes rather than king of court cases.
LP4 - 10/17/2012, 7:53 PM
@WeAreVenom- Hahahaha yeah [frick] em i agree!

@rocky- Those idiotic hypocrites are now eating crow
WeAreVenom86 - 10/17/2012, 7:55 PM
Long live the Last Son of Krypton!
kevberg - 10/17/2012, 7:55 PM
I think its fine and great for DC. agreements are agreements , but some of the jokers here are pure d@cks because that family deserved their day in court to sort it out.

If you think a check for 412.00 that they sold the rights for , auctioning for 160,000 dollars should tell you how looney that agreement sounds.

I don't claim to know the particulars of what each party has went through, But think about this...Supes is THE grandaddy of the super hero genre, I don't blame them for fighting for the rights,.. c'mon its Shuster family.

I also don't Blame DC either, they've spent resources on the character and they deserve to reap the rewards.

But some of the comments here are idiotic and disrespectful towards a family you know not a damn thing about.
rocky - 10/17/2012, 8:02 PM
Now hopefully this will work as a harbinger of what's to come with the Siegels too


Agree LP4. DC seemed to be pretty fair considering they actually bought the rights. Sometimes enough isn't enough for some folk
mgeoff88 - 10/17/2012, 8:06 PM
FINALLY!!! I was getting worried there. This legal battle had so many ups and downs.

We've heard from DC/WB and pretty much everyone from the Shuster family.

I'm just glad this whole mess is settled. You can't keep the Man of Steel down. :)
sbdc1939 - 10/17/2012, 8:08 PM
Well that sux for the shuesters but im glad to see superman for many more years
rocky - 10/17/2012, 8:11 PM
I'm wondering now, if they were to loose the fight with the Siegels, they still own the half from the Shusters.
How would that work?
Can they both do whatever they want?
Do they have to agree on everything they want to do with the character?
Or does one party control the rights and just shares the profits?
kevberg - 10/17/2012, 8:13 PM
@ LP4
"Fact: The heirs didn't create Superman. They are simply greedy assholes trying to profit off of their father/husband's work and they have no issue with trying to take the character away from the legions of fans who made him popular and from the STUDIO (WB) and the company (DC) who made Superman what he is today."


While I agree with you a lot of times, this a jerk statement. I assume you agree with the death tax? So its ok for the government to take your crap so you can't pass it down to your family? How do you know Shuster would want his family to benefit from his work.

I m not saying they haven't benefitted from it, but how do you know they're assholes? Does Superman belong to you?

Im going to have to fact check this, but it was a point of debate that that before 1992, that shuster and seigel were getting a monthly check for somewhere in the 200-400 dollar range...is that sufficient for you to live on knowing you created the most ICONIC superhero property ever? Mark Evanier and others have done work on investigating this stuff and know more than we do. ( like the stuff with Kirby etc)


I don't take their side in this, I think its sad all the way around that it got to this point.


AlienRobotZombieOverlord - 10/17/2012, 8:16 PM
Supes staying with WB was never in question, it was only a matter of how much money each party received. And frankly... Yawn.
ArtisticErotic - 10/17/2012, 8:21 PM
Honestly I'm just happy it's over.

I got sick of hearing about this year after year.
1 2 3

Please log in to post comments.

Don't have an account?
Please Register.

.