Warner Bros & DC Fight to Dismiss Shuster Estate’s ‘Superman’ Copyright Claim

Warner Bros. Discovery and DC Comics are fighting to dismiss a lawsuit over the foreign rights to Superman. The lawsuit, filed in January by Mark Peary, nephew of Superman co-creator Joe Shuster, aims to overturn the studio’s copyrights in several countries, including the United Kingdom, Canada, Australia, and Ireland.

If successful, the lawsuit could impact the release of Superman, the upcoming film directed by James Gunn and starring David Corenswet, which is set to hit theaters in July.

On Wednesday, Warner Bros. filed a motion to dismiss the case, arguing that the matter has already been decided in previous legal battles. The studio points to a 1992 agreement in which Shuster’s sister, Jean Peavy, signed over “all” rights to Superman, with no exceptions.

The studio’s attorney, Daniel Petrocelli, stated, “Peary’s complaint fails on every ground,” emphasizing that courts have repeatedly rejected similar claims. Warner Bros. argues that the lawsuit is simply revisiting old issues that have already been ruled on.

The legal dispute over Superman has a long history. Joe Shuster and Jerome Siegel originally sold the rights to the character for just $130 in 1938. Since then, various legal battles have taken place as the creators and their families sought to regain control or claim additional compensation.

Over the years, they have received millions of dollars in royalties and other payments, according to Warner Bros.

After Joe Shuster passed away in 1992, his sister Jean Peavy became his sole heir. She requested financial support from DC Comics, which agreed to cover Shuster’s debts and increase her annual payments from $5,000 to $25,000 for the rest of her life. The agreement stated that it “fully settles all claims” related to Shuster’s copyrights and trademarks.

Despite past rulings, Peary’s lawyer, Marc Toberoff, argues that foreign copyright laws operate differently. In the United Kingdom and several other countries, copyright agreements can automatically terminate 25 years after the original creator’s death. Peary’s lawsuit is based on this “Dickens provision” of U.K. copyright law, which he claims also applies in Canada, Australia, Ireland, and other nations.

Toberoff filed the lawsuit in New York, arguing that U.S. courts have jurisdiction because the United States is part of the Berne Convention, an international agreement on copyright laws. However, Warner Bros. disputes this claim, stating that the Berne Convention is not enforceable in U.S. courts.

Additionally, the studio points out that a federal judge in Los Angeles already ruled against the Shuster estate’s claims, and the 9th Circuit Court of Appeals upheld that decision in 2013. Warner Bros. argues that the 1992 agreement signed by Jean Peavy included all rights, both in the U.S. and internationally and that there were no exceptions for foreign copyrights.

Warner Bros. was required to respond to the lawsuit by March 24, but the company filed its motion to dismiss nearly three weeks early. The studio has also requested that if the judge does not dismiss the case outright, it should be transferred to the Los Angeles judge who previously handled similar disputes.

The case could have major implications for the future of Superman and its rights in international markets. If the lawsuit moves forward, it may challenge Warner Bros.’ control over the character outside the United States. However, with past rulings in its favor, the studio is confident that the case will once again be dismissed.

For now, fans can look forward to Superman’s highly anticipated return to the big screen this July, but behind the scenes, the legal battle over the Man of Steel’s legacy continues.