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Court Ruling Dismisses Superman Rights Lawsuit Against Warner Bros. Discovery

Warner Bros. Discovery (WBD) and DC Comics can breathe a sigh of relief as they will not face a looming lawsuit regarding the rights to the iconic superhero, Superman. Just before the highly anticipated release of their latest film, slated for July, a court has ruled in favor of WBD, effectively clearing the way for the film’s release in numerous countries.

Dismissal of the Lawsuit

On Thursday, U.S. District Judge Jesse Furman officially dismissed the lawsuit filed by the estate of Joseph Shuster, one of Superman’s co-creators. The court found that Shuster’s estate lacked the necessary authority to proceed with the case, primarily because the copyright infringement claims were grounded in the statutes of foreign nations rather than U.S. law.

Continued Assertion of Rights by Warner Bros. Discovery

In response to the court’s decision, a spokesperson for WBD reaffirmed their position, stating, "As we have consistently maintained, DC controls all rights to Superman.” This sentiment echoes the studio’s long-held assertion about its ownership of one of the most cherished characters in popular culture.

Refiling of the Lawsuit

In a twist, the lawsuit was refiled the following day in New York state court, illustrating the persistent efforts of the plaintiff to challenge WBD’s ownership. Warren Peary, the nephew of Joseph Shuster, spearheaded this extensive lawsuit, claiming infringement of copyright laws across multiple countries including the U.K., Australia, Canada, and Ireland. Peary’s filings asserted that WBD had forfeited its international rights to Superman long ago but continued to profit from the character without obtaining the necessary permissions or offering appropriate compensation. The suit sought a share of profits from several significant works, such as Zack Snyder’s Justice League, Black Adam, and Shazam!, in various international markets.

Court’s Reasoning

The court’s ruling leaned heavily on the argument that Peary’s claims were specifically filed under foreign copyright laws, which the U.S. courts cannot enforce. Judge Furman elucidated that the case presented by Peary did not sufficiently invoke U.S. law, as it heavily referenced international statutes instead. The ruling clarified that the claims were anchored in non-U.S. jurisdictions, negating Peary’s assertions of U.S. legal violations.

Arguments Under the Berne Convention

Peary’s arguments further revolved around the provisions of the Berne Convention, an international treaty that sets forth minimum standards for copyright protection. His contentions included a belief that U.S. courts should apply the copyright laws of foreign nations where he argued his rights to Superman were being infringed. He pointed to U.K. copyright law, which terminates assignments after 25 years post the author’s death. Given that Shuster passed away in 1992, Peary hypothesized that the estate reclaimed rights in 2017.

The Court’s Interpretation of the Berne Convention

However, the court concluded that the Berne Convention is not "self-executing," meaning its provisions do not automatically grant enforceable rights within U.S. courts. This pivotal interpretation significantly influenced the dismissal of Peary’s case, revealing the complexities involved in international copyright law.

Historical Context of Superman’s Ownership

The ownership of Superman by DC dates back to 1938, when writer Jerome Siegel and Shuster sold their rights to the character for a mere $130. Superman made his first appearance in Action Comics No. 1, which introduced readers to his backstory, secret identity as Clark Kent, and impressive powers that included super strength and speed—flying debuting later in Action Comics No. 65 in 1943.

Ongoing legal Challenges

Superman has faced a plethora of legal challenges since his inception, starting back in 1947 when Siegel and Shuster initially sued to contest DC’s ownership of the character. That case concluded with a settlement, which awarded the creators a payout of $94,000 to resolve the matter.

U.S. Copyright Law and Potential Reclamation of Rights

Under U.S. copyright law, authors typically have the opportunity to reclaim their domestic rights to their works after a certain duration. However, Shuster’s situation differs, as a deal struck by his siblings with DC in 1992 effectively relinquished that right for compensation of $25,000 per year. A subsequent federal appeals court affirmed that agreement.

Authority Issues Not Resolved

Another complicated aspect of the case was the question of whether Shuster’s sister had the authority to bind the estate to the agreement that surrendered rights to terminate DC’s ownership of Superman. However, the court opted to sidestep this particular issue, focusing instead on its lack of jurisdiction over the case.

Representation and legal Expertise

Peary’s interests are being represented by the well-known copyright termination lawyer Marc Toberoff, who has been involved in numerous high-profile intellectual property cases. Toberoff has yet to provide any public comment regarding the latest developments in this ongoing legal saga.

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