Superman Forum

Superman is a comic book character that first appeared in Action Comics #1

The legal battle is over... and the winner is...

Topic started by Methos on March 30, 2008. Last post by danhimself 2 weeks, 3 days ago.
Post by Methos (37,613 posts) See mini bio
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I don't understand why the Warner Bros lot wasn't draped in black starting the middle of this week. Because the studio should be mourning the imminent loss of a crapload of Superman dollars.

I've finally got my hands on the entire 72-page ruling Wednesday of U.S. District Court Judge Stephen G. Larson who concluded: "After 70 years, Jerome Siegel’s heirs regain what he granted so long ago — the copyright in the Superman material that was published in Action Comics, Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman."

Think about it: Siegel sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130, and his heirs got back ownership of the character in 1999 and can possibly lay claim to $50+ million of Warner Bros' and/or its DC Comics' cash. The Shusters look to clean up before too long, too. If you want all the Superman lawsuit's juicy background, Portfolio's Amy Wallace did a detailed article here...

http://www.portfolio.com/culture-lifestyle/culture-inc/arts/2007/09/17/Time-Warner-Superman-Suit

For instance, Joanne Siegel (who'd been the sketch model for Lois Lane) wrote a 3-page letter back in 2002 to then Time Warner CEO Dick Parsons calling the company “greedy” and “heartless” and acting “just like the Gestapo... your company wants to strip us naked of our legal rights...  Is that the reputation you want?”

The answer is a resounding yes, because for years Warner tied with Disney for its aggressive unwillingness to settle these kinds of legal disputes and its absurd eagerness to risk going to court. Its corporate counsel would hire litigation piranhas hungry for billable hours who pledge to make each case go away by exhausting the patience and resources of the creators or rightsholders. It's a thoroughly effective but completely disgusting way of doing business.

Yet it's interesting that, especially lately, Warner has lost or settled some very pricey lawsuits, especially those pursued by that Malibu Robin Hood of a litigator, Marc Toberoff, who has taken on Big Media on behalf of creators and their heirs for Superman and Superboy, The Dukes of Hazzard, The Wild Wild West, It's Alive, and so on. The majors both fear him and hate him, with good reason: he's a relentless opportunist, which is exactly what's needed.

Finally, lest any rabid Superman fans blame the Siegels or Shusters for messing up a Superman Returns sequel, or a Justice League of America movie featuring Superman (or not), know this: Warner execs screwed the pooch all by themselves. There's been enough backstory surrounding these pics to fill a book. I say there wouldn't have been if only Superman Returns had been any good...

To put it simply... for those of you who don't like legal jargon...

DC can continue to make comics for like 5 years, but then, unless they pay for the rights to continue using the property in publications, which i'm guessing will be a ungodly fee for all the hassle that the rightowners have been put through the Time Warner corporation, they will no longer be able to use Superman, Lois Lane, the Kents, etc.

so after five years, if Time Warner (DC) don't cough up the cash, they don't get to use Superman and associated characters anymore!

M


I don't understand why the Warner Bros lot wasn't draped in black starting the middle of this week. Because the studio should be mourning the imminent loss of a crapload of Superman dollars.

I've finally got my hands on the entire 72-page ruling Wednesday of U.S. District Court Judge Stephen G. Larson who concluded: "After 70 years, Jerome Siegel’s heirs regain what he granted so long ago — the copyright in the Superman material that was published in Action Comics, Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman."

Think about it: Siegel sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130, and his heirs got back ownership of the character in 1999 and can possibly lay claim to $50+ million of Warner Bros' and/or its DC Comics' cash. The Shusters look to clean up before too long, too. If you want all the Superman lawsuit's juicy background, Portfolio's Amy Wallace did a detailed article here...

http://www.portfolio.com/culture-lifestyle/culture-inc/arts/2007/09/17/Time-Warner-Superman-Suit

For instance, Joanne Siegel (who'd been the sketch model for Lois Lane) wrote a 3-page letter back in 2002 to then Time Warner CEO Dick Parsons calling the company “greedy” and “heartless” and acting “just like the Gestapo... your company wants to strip us naked of our legal rights...  Is that the reputation you want?”

The answer is a resounding yes, because for years Warner tied with Disney for its aggressive unwillingness to settle these kinds of legal disputes and its absurd eagerness to risk going to court. Its corporate counsel would hire litigation piranhas hungry for billable hours who pledge to make each case go away by exhausting the patience and resources of the creators or rightsholders. It's a thoroughly effective but completely disgusting way of doing business.

Yet it's interesting that, especially lately, Warner has lost or settled some very pricey lawsuits, especially those pursued by that Malibu Robin Hood of a litigator, Marc Toberoff, who has taken on Big Media on behalf of creators and their heirs for Superman and Superboy, The Dukes of Hazzard, The Wild Wild West, It's Alive, and so on. The majors both fear him and hate him, with good reason: he's a relentless opportunist, which is exactly what's needed.

Finally, lest any rabid Superman fans blame the Siegels or Shusters for messing up a Superman Returns sequel, or a Justice League of America movie featuring Superman (or not), know this: Warner execs screwed the pooch all by themselves. There's been enough backstory surrounding these pics to fill a book. I say there wouldn't have been if only Superman Returns had been any good...

To put it simply... for those of you who don't like legal jargon...

DC can continue to make comics for like 5 years, but then, unless they pay for the rights to continue using the property in publications, which i'm guessing will be a ungodly fee for all the hassle that the rightowners have been put through the Time Warner corporation, they will no longer be able to use Superman, Lois Lane, the Kents, etc.

so after five years, if Time Warner (DC) don't cough up the cash, they don't get to use Superman and associated characters anymore!

M


Post by Darkchild (22,908 posts) See mini bio
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lmao if that isnt the best example of Karma i dont know what is


lmao if that isnt the best example of Karma i dont know what is


Post by Nighthunter (17,164 posts) See mini bio
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wow.............just wow..............

DC will have to pay, I can't imagine them without Superman


wow.............just wow..............

DC will have to pay, I can't imagine them without Superman


Post by Methos (37,613 posts) See mini bio
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yup...

if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rights

M


yup...

if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rights

M


Post by Darkchild (22,908 posts) See mini bio
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Nighthunter says:

"wow.............just wow..............DC will have to pay, I can't imagine them without Superman"

I can

pictures the massive crowd of Supe-fans attacking the world and holding it for ransom


Nighthunter says:

"wow.............just wow..............DC will have to pay, I can't imagine them without Superman"

I can

pictures the massive crowd of Supe-fans attacking the world and holding it for ransom


Post by Vance Astro (16,547 posts) See mini bio
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Methos says:

"yup... if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rights M"

How much do they have to pay for the rights?


Methos says:

"yup... if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rights M"

How much do they have to pay for the rights?


Post by Nighthunter (17,164 posts) See mini bio
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Methos says:

"yup...if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rightsM"

or they could send didio to marry a girl of that family......

making everyone happy....except the girl that is :P


Methos says:

"yup...if DC don't pony up the cash, they can wave goodbye to Superman and all associated characters... then the bidding war will begin for who actually gets the rightsM"

or they could send didio to marry a girl of that family......

making everyone happy....except the girl that is :P


Post by Methos (37,613 posts) See mini bio
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Vance Astro says:

"How much do they have to pay for the rights?"

undetermined...

it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman.

but then remember, it isn't just Superman, it's all associated characters...

Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on...

the Trademark "S" as well...

M


Vance Astro says:

"How much do they have to pay for the rights?"

undetermined...

it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman.

but then remember, it isn't just Superman, it's all associated characters...

Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on...

the Trademark "S" as well...

M


Post by Darkchild (22,908 posts) See mini bio
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Methos says:

"Vance Astro says:
"How much do they have to pay for the rights?"

undetermined...

it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman.

but then remember, it isn't just Superman, it's all associated characters...

Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on...

the Trademark "S" as well...

M

"

i do believe your original statement of "ungodly amount of money" is really the only answer


Methos says:

"Vance Astro says:
"How much do they have to pay for the rights?"

undetermined...

it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman.

but then remember, it isn't just Superman, it's all associated characters...

Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on...

the Trademark "S" as well...

M

"

i do believe your original statement of "ungodly amount of money" is really the only answer


Post by Vance Astro (16,547 posts) See mini bio
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Methos says:

"Vance Astro says:
"How much do they have to pay for the rights?"
undetermined... it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman. but then remember, it isn't just Superman, it's all associated characters... Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on... the Trademark "S" as well... M "

You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing.


Methos says:

"Vance Astro says:
"How much do they have to pay for the rights?"
undetermined... it would be upto the current rightsholders, which is now Seigel and Schusters primary descendants, to actually work out a licensing figure for Superman. but then remember, it isn't just Superman, it's all associated characters... Superboy, Superman Prime, Supergirl, Lois Lane, Lana Lang, Perry White, Steel... the list just goes on and on... the Trademark "S" as well... M "

You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing.


Post by Methos (37,613 posts) See mini bio
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Vance Astro says:

"You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing."

I don't know...

i really don't...

all i know is that in 2013, the face of comics is going to change forever when the bidding war starts...

can you imagine if Marvel picked up the rights for Superman and associated characters?

M


Vance Astro says:

"You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing."

I don't know...

i really don't...

all i know is that in 2013, the face of comics is going to change forever when the bidding war starts...

can you imagine if Marvel picked up the rights for Superman and associated characters?

M


Post by Darkchild (22,908 posts) See mini bio
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Methos says:

"can you imagine if Marvel picked up the rights for Superman and associated characters?M"

part of me would say that would be awesome but then the other says Supes is the DC man nothing else


Methos says:

"can you imagine if Marvel picked up the rights for Superman and associated characters?M"

part of me would say that would be awesome but then the other says Supes is the DC man nothing else


Post by Vance Astro (16,547 posts) See mini bio
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Methos says:

"Vance Astro says:
"You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing."
I don't know... i really don't... all i know is that in 2013, the face of comics is going to change forever when the bidding war starts... can you imagine if Marvel picked up the rights for Superman and associated characters? M"

I couldn't imagine that at all.I would hope Marvel wouldn't go after Supes.


Methos says:

"Vance Astro says:
"You think it would be enough that DC couldn't afford it? I would hope not.They would almost have nothing."
I don't know... i really don't... all i know is that in 2013, the face of comics is going to change forever when the bidding war starts... can you imagine if Marvel picked up the rights for Superman and associated characters? M"

I couldn't imagine that at all.I would hope Marvel wouldn't go after Supes.


Post by Methos (37,613 posts) See mini bio
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I'm torn on the subject...

while i really hope Superman stays with DC, thats his home, always will be...

i have to actually side with the law suit here, after the way Time Warner have dealt with this battle, i don't believe they should hold the rights to Superman anymore.

M


I'm torn on the subject...

while i really hope Superman stays with DC, thats his home, always will be...

i have to actually side with the law suit here, after the way Time Warner have dealt with this battle, i don't believe they should hold the rights to Superman anymore.

M


Post by Nighthunter (17,164 posts) See mini bio
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lol it would end beeing ffunny if the guys also decided to demand every company that has a clone (s) of superman.....

Bill Gates beware!! :P


lol it would end beeing ffunny if the guys also decided to demand every company that has a clone (s) of superman.....

Bill Gates beware!! :P


Post by Darkchild (22,908 posts) See mini bio
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Methos says:

"I'm torn on the subject...while i really hope Superman stays with DC, thats his home, always will be...i have to actually side with the law suit here, after the way Time Warner have dealt with this battle, i don't believe they should hold the rights to Superman anymore.M"

would the be a way that he would stay with DC in some form. or would he be placed for the highest bidder, and if that who could possible do the big Blue boy justice


Methos says:

"I'm torn on the subject...while i really hope Superman stays with DC, thats his home, always will be...i have to actually side with the law suit here, after the way Time Warner have dealt with this battle, i don't believe they should hold the rights to Superman anymore.M"

would the be a way that he would stay with DC in some form. or would he be placed for the highest bidder, and if that who could possible do the big Blue boy justice


Post by Buckshot (11,732 posts) See mini bio
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Methos says:

"can you imagine if Marvel picked up the rights for Superman and associated characters?M"

Regardless of what happens to DC if Superman disappears (maybe they'll say all the Kryptonians got sucked into the Bleed...####ers), I don't think he can just be dropped into another established universe. Ignoring foolishness like power levels, what would they do with all the history? Say if Marvel got him, would they just say none of the DC stuff happened? They couldn't replicate it in Marvel. Would they start over with him or act like he just flew in from another dimension? How do you take an established family of characters and just drop them in another universe permanently?


Methos says:

"can you imagine if Marvel picked up the rights for Superman and associated characters?M"

Regardless of what happens to DC if Superman disappears (maybe they'll say all the Kryptonians got sucked into the Bleed...####ers), I don't think he can just be dropped into another established universe. Ignoring foolishness like power levels, what would they do with all the history? Say if Marvel got him, would they just say none of the DC stuff happened? They couldn't replicate it in Marvel. Would they start over with him or act like he just flew in from another dimension? How do you take an established family of characters and just drop them in another universe permanently?


Post by Methos (37,613 posts) See mini bio
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No clue Buckshot...

but it's going to get messy, real messy

M


No clue Buckshot...

but it's going to get messy, real messy

M


Post by Mistress Redhead (9,301 posts) See mini bio
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Photobucket

SOZ i just couldn't resist!!


Photobucket

SOZ i just couldn't resist!!


Post by Nighthunter (17,164 posts) See mini bio
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also was thinking.....

could Nightwing and Flamebird names also be afected?

they don't have "Super" in it, but they were originated in the Superman mythos


also was thinking.....

could Nightwing and Flamebird names also be afected?

they don't have "Super" in it, but they were originated in the Superman mythos


Post by Methos (37,613 posts) See mini bio
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Nighthunter says:

"also was thinking.....could Nightwing and Flamebird names also be afected?they don't have "Super" in it, but they were originated in the Superman mythos"

That's for the courts to decide...

currently it's just all Superman related Characters / Concepts

M


Nighthunter says:

"also was thinking.....could Nightwing and Flamebird names also be afected?they don't have "Super" in it, but they were originated in the Superman mythos"

That's for the courts to decide...

currently it's just all Superman related Characters / Concepts

M


Post by Nighthunter (17,164 posts) See mini bio
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couldn't they just change the names?

I mean, when Didio and Johns were asked that the reason behind Superboy's (Connor Kent) death during Infinite Crisis was because of the fight for the name. They replied "No. we could have changed it"

I know Superman is a symbol, as big as Batman or Spider-man and changing his name would be a big deal but..... is better than losing him.


couldn't they just change the names?

I mean, when Didio and Johns were asked that the reason behind Superboy's (Connor Kent) death during Infinite Crisis was because of the fight for the name. They replied "No. we could have changed it"

I know Superman is a symbol, as big as Batman or Spider-man and changing his name would be a big deal but..... is better than losing him.


Post by Jet jaguar (2,153 posts) See mini bio
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is this kind of like hasbro geting the rights to transformers?i'm kinda confused.


is this kind of like hasbro geting the rights to transformers?i'm kinda confused.


Post by Vance Astro (16,547 posts) See mini bio
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I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me.


I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me.


Post by Methias (304 posts) See mini bio
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Vance Astro says:

"I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me."

I wish I had tons of money so I could buy superman and let Marvel put him in one comic arc where he just gets killed. Then never let him come back.


Vance Astro says:

"I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me."

I wish I had tons of money so I could buy superman and let Marvel put him in one comic arc where he just gets killed. Then never let him come back.


Post by Vance Astro (16,547 posts) See mini bio
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Methias says:

"Vance Astro says:
"I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me."
I wish I had tons of money so I could buy superman and let Marvel put him in one comic arc where he just gets killed. Then never let him come back."

I wish I had the money to buy Supes.I would take the rights and sell it too DC for something reasonable and we could resume as normal.Only catch would be they would have to give me a copy of the first issue of every major Superman arc.


Methias says:

"Vance Astro says:
"I would hope that Marvel wouldn't be slimy enough to take a character such as Superman.Any company who knows Supes is out there shouldn't touch him until DC can re-acquire the rights.Superman is DC.Even if he goes to Marvel or wherever else it's possible.He will always be DC's hero to me."
I wish I had tons of money so I could buy superman and let Marvel put him in one comic arc where he just gets killed. Then never let him come back."

I wish I had the money to buy Supes.I would take the rights and sell it too DC for something reasonable and we could resume as normal.Only catch would be they would have to give me a copy of the first issue of every major Superman arc.


Post by Bookman (496 posts) See mini bio
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Methos says:

"I don't understand why the Warner Bros lot wasn't draped in black starting the middle of this week. Because the studio should be mourning the imminent loss of a crapload of Superman dollars. I've finally got my hands on the entire 72-page ruling Wednesday of U.S. District Court Judge Stephen G. Larson who concluded: "After 70 years, Jerome Siegel’s heirs regain what he granted so long ago — the copyright in the Superman material that was published in Action Comics, Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman." Think about it: Siegel sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130, and his heirs got back ownership of the character in 1999 and can possibly lay claim to $50+ million of Warner Bros' and/or its DC Comics' cash. The Shusters look to clean up before too long, too. If you want all the Superman lawsuit's juicy background, Portfolio's Amy Wallace did a detailed article here... http://www.portfolio.com/culture-lifestyle/culture-inc/arts/2007/09/17/Time-Warner-Superman-Suit For instance, Joanne Siegel (who'd been the sketch model for Lois Lane) wrote a 3-page letter back in 2002 to then Time Warner CEO Dick Parsons calling the company “greedy” and “heartless” and acting “just like the Gestapo... your company wants to strip us naked of our legal rights...  Is that the reputation you want?” The answer is a resounding yes, because for years Warner tied with Disney for its aggressive unwillingness to settle these kinds of legal disputes and its absurd eagerness to risk going to court. Its corporate counsel would hire litigation piranhas hungry for billable hours who pledge to make each case go away by exhausting the patience and resources of the creators or rightsholders. It's a thoroughly effective but completely disgusting way of doing business. Yet it's interesting that, especially lately, Warner has lost or settled some very pricey lawsuits, especially those pursued by that Malibu Robin Hood of a litigator, Marc Toberoff, who has taken on Big Media on behalf of creators and their heirs for Superman and Superboy, The Dukes of Hazzard, The Wild Wild West, It's Alive, and so on. The majors both fear him and hate him, with good reason: he's a relentless opportunist, which is exactly what's needed. Finally, lest any rabid Superman fans blame the Siegels or Shusters for messing up a Superman Returns sequel, or a Justice League of America movie featuring Superman (or not), know this: Warner execs screwed the pooch all by themselves. There's been enough backstory surrounding these pics to fill a book. I say there wouldn't have been if only Superman Returns had been any good... To put it simply... for those of you who don't like legal jargon... DC can continue to make comics for like 5 years, but then, unless they pay for the rights to continue using the property in publications, which i'm guessing will be a ungodly fee for all the hassle that the rightowners have been put through the Time Warner corporation, they will no longer be able to use Superman, Lois Lane, the Kents, etc. so after five years, if Time Warner (DC) don't cough up the cash, they don't get to use Superman and associated characters anymore! M"

DC goes bankrupt, causing Marvel to reign supreme, but without compiettion, they're comics lose quaility. More people buy Image and Dark Horse. Relaizing they're losing them, they put out only good comics, and recon One More Day/Brand New Day. Thus starting a new golden age! No, I don't hate DC, but that's what I'll think would happen. {Still, it would stink to See Batman and Joker go}


Methos says:

"I don't understand why the Warner Bros lot wasn't draped in black starting the middle of this week. Because the studio should be mourning the imminent loss of a crapload of Superman dollars. I've finally got my hands on the entire 72-page ruling Wednesday of U.S. District Court Judge Stephen G. Larson who concluded: "After 70 years, Jerome Siegel’s heirs regain what he granted so long ago — the copyright in the Superman material that was published in Action Comics, Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman." Think about it: Siegel sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130, and his heirs got back ownership of the character in 1999 and can possibly lay claim to $50+ million of Warner Bros' and/or its DC Comics' cash. The Shusters look to clean up before too long, too. If you want all the Superman lawsuit's juicy background, Portfolio's Amy Wallace did a detailed article here... http://www.portfolio.com/culture-lifestyle/culture-inc/arts/2007/09/17/Time-Warner-Superman-Suit For instance, Joanne Siegel (who'd been the sketch model for Lois Lane) wrote a 3-page letter back in 2002 to then Time Warner CEO Dick Parsons calling the company “greedy” and “heartless” and acting “just like the Gestapo... your company wants to strip us naked of our legal rights...  Is that the reputation you want?” The answer is a resounding yes, because for years Warner tied with Disney for its aggressive unwillingness to settle these kinds of legal disputes and its absurd eagerness to risk going to court. Its corporate counsel would hire litigation piranhas hungry for billable hours who pledge to make each case go away by exhausting the patience and resources of the creators or rightsholders. It's a thoroughly effective but completely disgusting way of doing business. Yet it's interesting that, especially lately, Warner has lost or settled some very pricey lawsuits, especially those pursued by that Malibu Robin Hood of a litigator, Marc Toberoff, who has taken on Big Media on behalf of creators and their heirs for Superman and Superboy, The Dukes of Hazzard, The Wild Wild West, It's Alive, and so on. The majors both fear him and hate him, with good reason: he's a relentless opportunist, which is exactly what's needed. Finally, lest any rabid Superman fans blame the Siegels or Shusters for messing up a Superman Returns sequel, or a Justice League of America movie featuring Superman (or not), know this: Warner execs screwed the pooch all by themselves. There's been enough backstory surrounding these pics to fill a book. I say there wouldn't have been if only Superman Returns had been any good... To put it simply... for those of you who don't like legal jargon... DC can continue to make comics for like 5 years, but then, unless they pay for the rights to continue using the property in publications, which i'm guessing will be a ungodly fee for all the hassle that the rightowners have been put through the Time Warner corporation, they will no longer be able to use Superman, Lois Lane, the Kents, etc. so after five years, if Time Warner (DC) don't cough up the cash, they don't get to use Superman and associated characters anymore! M"

DC goes bankrupt, causing Marvel to reign supreme, but without compiettion, they're comics lose quaility. More people buy Image and Dark Horse. Relaizing they're losing them, they put out only good comics, and recon One More Day/Brand New Day. Thus starting a new golden age! No, I don't hate DC, but that's what I'll think would happen. {Still, it would stink to See Batman and Joker go}


Post by Shaper (4,543 posts) See mini bio
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Little lost. Why do they have to pay for superman?


Little lost. Why do they have to pay for superman?


Post by Methos (37,613 posts) See mini bio
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Right... Clearing this up for everyone who is confused by all the legal crap...

In 1976, the US Congress amended the copyright law to allow the creators of works-for-hire to reclaim their rights under very strict conditions. Chief among these requirements is that the registered copyright in question – in this case, Superman – be due for renewal. The rights to the Superman character as embodied in “Action Comics” #1 were due for renewal in the 1970s.

“The parties appeared to have agreed to allow DC to continue as the exclusive owner of the rights at that time,” McFeely said. “But copyright law changed again in 1997, when Sonny Bono, then a Congressman, pushed through an amendment to the Copyright Act changing the conditions under which the heirs and estates of the original creators could attempt again to recapture their original rights.”

Changes in copyright law and the duration of rights were such that the original copyright transfer between Siegel & Shuster and Detective Comics was terminated in 1999. As such, the Siegel family’s contention was that under the updated US Copyright Act, they had the right to recapture US rights to the character depicted in “Action Comics” #1. In the recent federal decision, “The court unequivocally found that the Siegels have that right and in fact now have recaptured the rights to Superman as set forth in ‘Action Comics’ #1."

To put it as plainly as possible: the Siegels and DC are now joint owners of the Superman copyright.

The Siegels are now FULL owners of the original Superman character concept and all intellectual properly within. They have Superman, Clark Kent, Ma and Pa Kent, Krypton, Lois Lane, and all that jazz... as for the Superboy lawsuit, it is a separate suit and it still hasn't been fully resolved, as far as I've heard... this Superman suit was really a spin-off from the Superboy suit, and thus the Superboy one hasn't been completely resolved, though I would expect a similar outcome.

Basically... the long and short of it is that Time Warner is going to end up forking over a bucket load of cash. The major fallout of this is pretty unpredictable, save for the fact that it may cause another Superman film to be none existent for awhile (which given the hands its currently in, may not be a bad thing).

Does that help clear everything up?

M


Right... Clearing this up for everyone who is confused by all the legal crap...

In 1976, the US Congress amended the copyright law to allow the creators of works-for-hire to reclaim their rights under very strict conditions. Chief among these requirements is that the registered copyright in question – in this case, Superman – be due for renewal. The rights to the Superman character as embodied in “Action Comics” #1 were due for renewal in the 1970s.

“The parties appeared to have agreed to allow DC to continue as the exclusive owner of the rights at that time,” McFeely said. “But copyright law changed again in 1997, when Sonny Bono, then a Congressman, pushed through an amendment to the Copyright Act changing the conditions under which the heirs and estates of the original creators could attempt again to recapture their original rights.”

Changes in copyright law and the duration of rights were such that the original copyright transfer between Siegel & Shuster and Detective Comics was terminated in 1999. As such, the Siegel family’s contention was that under the updated US Copyright Act, they had the right to recapture US rights to the character depicted in “Action Comics” #1. In the recent federal decision, “The court unequivocally found that the Siegels have that right and in fact now have recaptured the rights to Superman as set forth in ‘Action Comics’ #1."

To put it as plainly as possible: the Siegels and DC are now joint owners of the Superman copyright.

The Siegels are now FULL owners of the original Superman character concept and all intellectual properly within. They have Superman, Clark Kent, Ma and Pa Kent, Krypton, Lois Lane, and all that jazz... as for the Superboy lawsuit, it is a separate suit and it still hasn't been fully resolved, as far as I've heard... this Superman suit was really a spin-off from the Superboy suit, and thus the Superboy one hasn't been completely resolved, though I would expect a similar outcome.

Basically... the long and short of it is that Time Warner is going to end up forking over a bucket load of cash. The major fallout of this is pretty unpredictable, save for the fact that it may cause another Superman film to be none existent for awhile (which given the hands its currently in, may not be a bad thing).

Does that help clear everything up?

M


Post by Shaper (4,543 posts) See mini bio
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