Warner Bros. Discovery and DC Comics have moved to dismiss a lawsuit challenging the copyrights to Superman in foreign territories, arguing that the matter has already been thoroughly litigated.
Mark Peary, the nephew of Superman co-creator Joe Shuster, filed the lawsuit in January, seeking to invalidate the studio’s copyrights under the laws of the United Kingdom, Canada, Australia, and Ireland. If successful, the lawsuit could potentially disrupt the planned July release of Superman, starring David Corenswet and directed by James Gunn.
In a motion to dismiss filed on Wednesday, Warner Bros. emphasized that Peary’s claims have been repeatedly rejected by the courts, noting that his mother, Jean Peavy, had signed away all rights to the Superman character following Shuster’s passing in 1992.
Legal Arguments and Copyright Disputes
“Peary’s complaint fails on every ground,” argued Daniel Petrocelli, the studio’s attorney.
The estate’s lawyer, Marc Toberoff, contended that copyright assignments in the foreign territories in question automatically expire 25 years after an author’s death. He filed the lawsuit in federal court in New York, asserting that U.S. courts have jurisdiction over the matter because the United States is a signatory to the Berne Convention.
Petrocelli countered this claim, stating that the Berne Convention is not directly enforceable in U.S. courts and arguing that the case should be dismissed due to lack of jurisdiction.
The studio further pointed out that the Shuster estate’s claims had already been denied by a federal judge in Los Angeles, a decision upheld by the 9th Circuit Court of Appeal in 2013.
History of Legal Battles Over Superman’s Rights
Warner Bros. also provided an overview of the extensive legal disputes surrounding Superman since Shuster and Jerome Siegel originally sold the rights to the character for $130 in 1938.
Superman Film & Warner Bros.According to the studio, the creators and their heirs have since received millions of dollars, adjusted for inflation, in royalties and other payments.
Following Shuster’s death, his sister—who was his sole heir—requested that DC Comics cover his debts and increase survivor payments to her. DC Comics agreed, raising her annual payments from $5,000 to $25,000 for the remainder of her life. The agreement stipulated that it “fully settles all claims” related to Shuster’s copyrights and trademarks.
In 2013, the 9th Circuit ruled that this agreement prevented any subsequent attempts by the estate to revoke the copyright.
Toberoff, however, argues that the 9th Circuit’s ruling applies only to U.S. copyright law and does not address Peary’s rights under foreign laws. The lawsuit seeks to invoke the “Dickens provision” of U.K. copyright law, which the estate claims also applies in Canada, Australia, Ireland, Israel, Singapore, Hong Kong, India, New Zealand, and South Africa.
In response, Petrocelli maintained that the 1992 agreement encompassed “all rights,” including foreign copyrights.
“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,” Petrocelli wrote.
Warner Bros. Moves to Expedite the Case
Warner Bros. was originally required to respond to the lawsuit by March 24 but filed the motion to dismiss nearly three weeks ahead of schedule.
The studio also requested that if the judge does not dismiss the case outright, it should be transferred to the Los Angeles judge who previously handled the matter.
Superman is set to enter the public domain in 2034.