In a preemptive strike, the estate of a Superman co-creator has filed a copyright lawsuit against Warner Bros. Discovery in a US court, just as the studio prepares to launch its rebooted DC Comics superhero film franchise with a new Superman movie.
The estate of Joseph Shuster, Superman’s original illustrator and co-creator alongside writer Jerome Siegel, filed the lawsuit in a federal court in New York City earlier this month.
According to the lawsuit, Shuster and Siegel initially licensed the rights to Superman to Detective Comics, which later became DC Comics, a subsidiary of Warner Bros. However, the lawsuit asserts that under British law, Shuster’s rights to the character reverted back to his estate in 2017, 25 years after his passing.
Warner Bros. is being sued by the estate for allegedly withholding royalties for Superman’s use in international markets, including the UK, Canada, Australia, and other countries outside the US.
The upcoming Superman film, directed by James Gunn and starring David Corenswet as Superman, is slated for a July theatrical release. However, the new lawsuit may create complications for the movie’s international distribution. This latest development is just the latest chapter in a protracted and contentious legal dispute over the character’s rights.
In response to the lawsuit, Warner Bros. has expressed strong opposition, with a spokesperson stating, “We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights.” Shuster’s estate is seeking financial compensation and a court injunction to prevent Warner Bros. from portraying Superman without obtaining a license, effectively challenging the studio’s use of the iconic character.
The estate’s attorney, Marc Toberoff, clarified the intentions behind the lawsuit, stating, “This suit is not intended to deprive fans of their next Superman, but rather seeks just compensation for Joe Shuster’s fundamental contributions as the co-creator of Superman.”
According to the lawsuit, the creation of Superman comic strips by Shuster and Siegel dates back to 1934. Four years later, in 1938, Detective Comics, the predecessor to DC Comics, started publishing their Superman comics.
Shuster, Siegel, and their estates have been embroiled in a decades-long legal battle with Warner over the rights to Superman. A significant ruling came in 2013 when the 9th U.S. Circuit Court of Appeals in San Francisco determined that the creators were unable to reclaim their rights from Warner under U.S. law.
In a new twist, the estate is now invoking British law in its lawsuit, claiming that the distribution of Superman-related works, such as movies, TV shows, and video games, since 2017 has infringed on its copyright in countries that adhere to British law.
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