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Warner Brothers Wins Court Ruling In Rights To Superman Case

Earlier today a Federal Court Judge ruled in favor of Warner Brothers in the case.

Over the course of the last several years the rights to Superman's character had come into question. Things had gotten heated more recently in the last two years when Attorney Marc Toberoff, representative to both the Jerry Siegel and Joe Shuster estates took Warner Brothers to court over the rights to the character. Toberoff claimed that the rights to the character should revert back to the Estates.

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Now it seems there have been some big developments in the case. Earlier today a Federal Judge in California issued a summary judgement on behalf of Warner Brothers. The ruling determined whether an agreement made in 1992 between Jean Peavy (former Joe Shuster estate representative) and DC Comics "precludes the estate's attempt to terminate the copyright grant." According to the Judge;

…The 1992 Agreement, which represented the Shuster heirs’ opportunity to renegotiate the prior grants of Joe Shuster’s copyrights, superseded and replaced all prior grants of the Superman copyrights. The 1992 Agreement thus represents the parties’ operative agreement and, as a post-1978 grant, it is not subject to termination.

When Shuster died in 1992, Jean Peavy (his sister, and former representative to his Estate) struck a deal with DC Comics after "asking the company to pay all of her brother's final debts and expenses." DC in turn, agreed and cited that it would be the "last and final deal that (Shuster would have) with DC, and would fully resolve any past, present or future claims against DC Comics."

So, in a nutshell, DC and Warner Brothers can now rest easy knowing that they are one step closer to owning the rights to Superman. What do you think of the summary verdict? For those interested, you can read the full court ruling here.

Source: The Hollywood Reporter

84 Comments

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danhimself

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Edited By danhimself

thank god....maybe we'll get lucky and this will lead to Superman being written like Superman again

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TitanTempest

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Edited By TitanTempest

@KRYPTON said:

Sometimes people can be idiots. It's a character for crying out loud, just leave him in the hands of the comic book company (DC comics).

Thank you, Sir!!! I agree

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mbembet

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Edited By mbembet

superman has become a retarded brooding emo in new 52 i wish they could make him awesome again but as long as Batman around supes will always be number2

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MisterKetch

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Edited By MisterKetch

I wonder what the current agreements DC has with its writers. You have to figure without knowing how popular something will turn out a lot of writers are remiss to create something for DC if they don't have any rights to the character post printing.

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ValendianKnight

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Edited By ValendianKnight

I'm very happy about this news. Good one Warner!

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lorex

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Edited By lorex

Well thst one half of the parasites out of the way, herse hoping DC can get rid of the other half.

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WaveMotionCannon

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Edited By WaveMotionCannon

Well it got rid of the RIDICULOUS underwear on the outside look so it was worth it. The New52 armor is how Superman should look, it's not 1938 anymore.

If the underwater come back, WE RIOT!!!

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WaveMotionCannon

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Edited By WaveMotionCannon

*Underwear ( damn iPhone ).

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kapitein_zeppos

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Edited By kapitein_zeppos

Even though I think that copyright is being turned into a money-making tool for powerful corporations to control IP in perpetuity and that DC did profit a lot from Shuster an Siegel's creation, I get the feeling that the heirs are kinda hoping to get a free ride from this one. Copyright isn't made for heirs and their lawyers to mooch off a parent or grandparent's work. Write your own stuff if you want to make money that way !

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GR2Blackout

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Edited By GR2Blackout

Well, that's good.

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Sekele

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Edited By Sekele

@VaizD:

@VaizD said:

Can we give him back his underwear now?

not as long as the general public thinks it looks silly

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Sekele

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Edited By Sekele

@PepeLepw55:

DC would be really stupid to do that

For years, Superman's been ridiculed for them, and there were plenty of people out there who refused to even read his stuff just because of them

It's no coincidence that the sales of his titles rose once they got rid of them

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RedOwl_1

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Edited By RedOwl_1

@WaveMotionCannon said:

Well it got rid of the RIDICULOUS underwear on the outside look so it was worth it. The New52 armor is how Superman should look, it's not 1938 anymore. If the underwater come back, WE RIOT!!!
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RazzaTazz

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Edited By RazzaTazz

In a way it would have been interesting to see them win and then put Superman on the auction block for the highest bidder.  

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BlueLantern1995

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Edited By BlueLantern1995

@RazzaTazz said:

In a way it would have been interesting to see them win and then put Superman on the auction block for the highest bidder.

I agree with this...imagine Marvel buying the rights to Superman, man wouldn't that put DC in a grave.

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DocFishstick

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Edited By DocFishstick

way to go DC

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Darkmount1

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Edited By Darkmount1

This is how I feel about both sides in the matter now that this has been decided:

And as for Mr. Toberoff's part in this whole fiasco, I have only one thing to say to him:

Both sides should have COMPROMISED!!!! Do you hear me??? COM-PRO-MISE!!!! I wanted them to settle with a co-ownership deal of some kind, not this nonsense!!! "CO-OWN or GO HOME!!!" THAT'S what I would've shouted at the top of my lungs had I been present when they were conducting this stupid case! What is WRONG with both sides, I ask you?!?! WHAT??? Someone give me the courthouse's address, I've got a heartfelt letter to send.

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SandMan_

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Edited By SandMan_
@RazzaTazz said:
In a way it would have been interesting to see them win and then put Superman on the auction block for the highest bidder.  
That would have been better. DC threats Supes like s**t.
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ssejllenrad

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Edited By ssejllenrad
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Retro_Metro

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Edited By Retro_Metro

@DEGRAAF said:

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@Eyz: how about any of these?

I really like outfit 3 & 5 the most out of these.

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ips

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Edited By ips

legally speaking it's great for DC. they get to revert the new52 back and put superman back in his red tights without fear of legal issues.

on the other hand, it's sad because it's another example of a pvt citizen representing herself and business needs against a large corporation and got herself screwed.

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The Dude.

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Edited By The Dude.

@VaizD said:

Can we give him back his underwear now?

No!

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00 Raiser

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Edited By 00 Raiser

In all out honesty. At first I wasnt to crazy about the new 52 Superman. But the kryptonian armor quickly grew on me. Im happy with the verdict. I mean the comic book companies generally draw contracts up with artist and writers to create characters and stories for their Universe and once that contract is up all that one has created belongs to whatever company it was created for unless the creator manages to hold on to creative rights like Michael Turner did when he left Image to start his own company and he held on to the rights of Fathom or the company decides to employ you on a more permanent basis due to your popularity among the fans that are reading and seeing your material.

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80sBaby

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Edited By 80sBaby

The change in Superman's costume was NEVER linked to this lawsuit. Not sure why people think that still...

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GalacticPunt

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Edited By GalacticPunt

What I find a bit ironic, is that at this point Superman should be PUBLIC DOMAIN. Like biblical characters, Dracula, or Sherlock Holmes, anyone should be free to tell their own Superman stories. Comic and cartoon characters should have the same copyright expiration date as novels and paintings, but Disney lobbyists have rewritten the laws over the years to hold on to Mickey Mouse exclusivity.

Marvel (and Valiant, and you or me) could be printing their own Superman tales in 2012, if Marvel's parent company hadn't dictated new copyright laws to congress.

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Ninja87

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Edited By Ninja87

wouldve been crazy to see who would have to fill the void if he just disappeared one day in the comics cause of that lawsuit...wouldnt mind seeing lobo take over tho.. that he gets plunged into the twilight zone by lobo and is trapped there for all time. but that might end up being another lawsuit..haha

tm

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dadarkknight36310

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@BlueLantern1995:Would not Happen for one reason, Marvel are in a similar situation with the Kirby estate and are dealing with the same lawyer. You think if Disney bought Supe that Dc would not aligned themselves with the Kirby estate and help them win their case against Marvel.

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dadarkknight36310

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@GalacticPunt said:

What I find a bit ironic, is that at this point Superman should be PUBLIC DOMAIN. Like biblical characters, Dracula, or Sherlock Holmes, anyone should be free to tell their own Superman stories. Comic and cartoon characters should have the same copyright expiration date as novels and paintings, but Disney lobbyists have rewritten the laws over the years to hold on to Mickey Mouse exclusivity.

Marvel (and Valiant, and you or me) could be printing their own Superman tales in 2012, if Marvel's parent company hadn't dictated new copyright laws to congress.

I disagree with that because I fill that if the company is still frequently using the property then the rights should stay with said company. In your case every comic book company characters should be public domain.

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Zuckuss_02

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Edited By Zuckuss_02

Good! Maybe now DC can revert to the real DCU pre-Flashpoint and get rid of this new 52 garbage. If anything keep the new 52 continuity and costumes and origins as part of DC's own "Ultimates" line and just keep the pre-Flashpoint DCU as the main one with those stories, origins & costumes as the main universe.

And please change Supes back to his original costume. I hate all new 52 costumes.

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DEGRAAF

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Edited By DEGRAAF

@Retro_Metro said:

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I really like outfit 3 & 5 the most out of these.

yeah i really liked that suit too. That was a decent story imo (Superman: Godfall). I liked Lyla and Preus I would love to see both of these characters return to the DCU.

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GalacticPunt

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Edited By GalacticPunt

@dadarkknight36310 said:

@GalacticPunt said:

What I find a bit ironic, is that at this point Superman should be PUBLIC DOMAIN. Like biblical characters, Dracula, or Sherlock Holmes, anyone should be free to tell their own Superman stories. Comic and cartoon characters should have the same copyright expiration date as novels and paintings, but Disney lobbyists have rewritten the laws over the years to hold on to Mickey Mouse exclusivity.

Marvel (and Valiant, and you or me) could be printing their own Superman tales in 2012, if Marvel's parent company hadn't dictated new copyright laws to congress.

I disagree with that because I fill that if the company is still frequently using the property then the rights should stay with said company. In your case every comic book company characters should be public domain.

No, not every character should be public domain. Just the very old ones! Please look at it this way: Why were copyright laws invented? Answer: To protect writers and artists, in every media, from being ripped off by copycats in their lifetime. Of course, corporations keep rewriting the law to extend the time they can sit on an intellectual property...

http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States

Under the current web of laws, Superman goes public domain in 2033, Batman in 2034, Captain America in 2036. In my humble opinion, 70 years from time of copyright registration should have been enough. There's a point where a concept has been in the cultural DNA long enough that it belongs to everybody. That time will come, EVENTUALLY, for all comic book characters.

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Thorion88

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Edited By Thorion88

@DEGRAAF said:

@Retro_Metro said:

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I really like outfit 3 & 5 the most out of these.

yeah i really liked that suit too. That was a decent story imo (Superman: Godfall). I liked Lyla and Preus I would love to see both of these characters return to the DCU.

I do like the costume the best, but I fell the story was abit subpar at best though I would not disagree to seeing Lyla or Preus again.

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ValendianKnight

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Edited By ValendianKnight

First of all, the change in costume had nothing to do with the lawsuit and probably everything to do with them trying to increase his appeal(people think the shorts are silly), and second of all, any true Superman fan knows that he belongs in DC, so this decision was good all around. Also, new costume is awesome imo, I hope they never go back.

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deactivated-60ae841330527

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@Babs: Damn it you beat me to it =P

Ah well, nice find, glad someone else is watching this closely.

IT will be interesting to see what the Siegel's walk away with. Considering the last judge resigned to go into copyright protection as a lawyer for authors (most likely amongst other case types), some of his rules have been open to scrutiny.

Good article that explains the case

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