Superman faces legal battle: Will it impact the upcoming film?

The highly anticipated Superman film directed by James Gunn is facing a significant legal challenge that could affect its release in several international markets.

Mark Peary, the nephew of Superman co-creator Joe Shuster, has filed a lawsuit questioning DC Studios’ rights to the character in certain countries.

This legal action comes at a crucial time for Warner Bros. and DC Comics, as the film is set to be a cornerstone of the rebooted DC Universe franchise.

The Lawsuit

Peary’s lawsuit, filed in January, seeks to invalidate the studio’s copyrights under the laws of the United Kingdom, Canada, Australia, and Ireland, among others.

“The rights to Superman are rightfully ours,” Peary said. “My family should be recognized for my uncle’s creation.”

Peary argues that the copyrights to Superman should revert to the Shuster estate, claiming that his mother, Jean Peavy, signed away all rights to the character after Shuster’s death in 1992.

A history of legal battles

In 1938, Jerry Siegel and Joe Shuster sold the rights to Superman to Detective Comics, Inc. (the predecessor of DC Comics) for $130. This initial sale triggered numerous disputes over the years as the character’s popularity grew.

In 1947, Siegel and Shuster sued National Periodical Publications (another predecessor of DC Comics) to annul their previous agreements and reclaim the rights to Superman and Superboy. The court upheld the validity of the 1938 assignment of rights but determined that Siegel retained the rights to Superboy. The case was eventually settled out of court for approximately $94,000.

In the 1970s, Siegel and Shuster attempted to regain some control over Superman. They received a stipend and credit as the character’s creators, but the rights remained with DC Comics. The Siegel heirs later sought to reclaim their rights using the termination provision of the Copyright Act of 1976. Initially, they accepted a new purchase offer from Warner Bros. but later tried to reclaim their rights after receiving a better offer from Marc Toberoff.

In 2008, the Central District Court of California ruled that the Siegel heirs could cancel the Warner purchase. However, the 9th Circuit Court of Appeals overturned this decision in 2012.

Warner Bros.’ response

This legal battle has created uncertainty around the film’s release in international markets. If the lawsuit is successful, it could block the film’s release in key territories, significantly impacting its box office performance. Despite these challenges, Warner Bros. continues to promote the film, which is scheduled for release in July.

“Peary’s complaint fails on every ground. There are no carve-outs in the controlling 1992 agreement for any foreign copyrights, much less for the copyrights in the 10 countries Peary now alleges in the Complaint.”Warner Bros. attorney Daniel Petrocelli said. “This issue has been litigated multiple times before, and the courts have consistently upheld Warner Bros.’ and DC Comics’ rights.”

The studio remains hopeful that the lawsuit will be dismissed and the film will proceed as planned.

“We are confident that the courts will once again rule in our favor, and we will continue to bring Superman’s story to fans around the world,” Warner Bros. commented.

Superman and DC Universe fans are eager for the outcome as the legal proceedings continue. The lawsuit has created an unexpected twist, but Warner Bros. is hopeful. With the film playing a major role in the new DC Universe, the stakes are high, and both fans and industry insiders will closely watch how this legal battle resolves.