SUPERMAN Estate Sues WB/DC In An Attempt To Block The Release Of James Gunn's Movie In Key Territories

SUPERMAN Estate Sues WB/DC In An Attempt To Block The Release Of James Gunn's Movie In Key Territories

As promotion for James Gunn's Superman begins to heat up ahead of the DCU reboot's summer release, the studio has run into a (potentially) major setback...

By MarkCassidy - Jan 31, 2025 05:01 PM EST
Filed Under: Superman

Warner Bros. and director James Gunn's Superman may have run into a roadblock as marketing begins to pick up leading into the movie's next teaser during the Puppy Bowl in February.

According to Deadline, the estate of the Man of Steel's creator Joseph Schuster is suing Warner Bros. Discovery/DC Studios/DC Comics, claiming that the studio lacks the rights to release the DCU reboot in a handful of key territories, including Canada, the United Kingdom, Ireland, and Australia.

The lawsuit was filed today in Federal Court, and the estate is seeking “damages and injunctive relief for Defendants’ ongoing infringement."

The matter has to do with foreign copyrights to the original Superman character and story. Though Siegel and Shuster assigned worldwide rights to DC’s predecessor in 1938, the copyright laws of countries with the British legal tradition contain "provisions automatically terminating such assignments 25 years after an author’s death, vesting in the Shuster Estate the co-author’s undivided copyright interest in such countries."

“Shuster died in 1992 and Siegel in 1996. By operation of law, Shuster’s foreign copyrights automatically reverted to his estate in 2017 in most of these territories (and in 2021 in Canada). Yet Defendants continue to exploit Superman across these jurisdictions without the Shuster Estate’s authorization—including in motion pictures, television series, and merchandise—in direct contravention of these countries’ copyright laws, which require the consent of all joint copyright owners to do so.”

We're not sure how far this will go, but a jury trial has been requested.

As a direct and proximate result of Defendants’ infringement of the Work’s copyrights and exclusive rights, Plaintiff has been injured in an amount to be determined at trial, inclusive of Plaintiff’s actual damages and Defendants’ profits."

“We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights,” said a WBD spokesman in response.

Superman stars David Corenswet as the Man of Steel, Rachel Brosnahan as Lois Lane, Isabel Merced as Hawkgirl, Nathan Fillion as Green Lantern Guy Gardner, and Anthony Carrigan as Metamorpho.

Sara Sampaio is on board as Lex's assistant/lover Eve Teschmacher, Pruitt Taylor Vince and Neva Howell will play "Ma" and "Pa" Kent, and Milly Alcock's Supergirl has been confirmed to make her debut ahead of her own Woman of Tomorrow movie.

"And that’s a wrap," Gunn posted earlier this year when filming concluded. "God bless our cast and crew whose commitment, creativity, and hard work have brought this project to life. I set out to make a movie about a good man in a world that isn’t always so much. And the goodness and kindness and love I’ve encountered on a daily basis on the set has inspired me and thrust me forward when I felt too spent to move on my own.

Thank you all from the bottom of my heart. It has been an honor. The destination has been Superman, but the journey has been the toil and the laughter and the emotions and ideas and magic we’ve shared together on set - and for that I am forever grateful."

You can check out an updated synopsis for the movie below.

"In his signature style, James Gunn takes on the original superhero in the newly imagined DC universe with a singular blend of epic action, humor and heart, delivering a Superman who’s driven by compassion and an inherent belief in the goodness of humankind."

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Wahhvacado
Wahhvacado - 1/31/2025, 5:22 PM
User Comment Image
ObserverIO
ObserverIO - 1/31/2025, 5:26 PM
I thought this meant that after 25 years of the author's death the rights become public domain. Not that they revert to the author's estate. How would that make sense?
Apophis71
Apophis71 - 1/31/2025, 5:39 PM
@ObserverIO - Depends on the national laws, but this is specific to the IP under the estate, when it comes to public domain that tends to be 70yrs after the creators death though some are as short as 50yrs.

There tends to be three key points with IP when the copyright can be contended

First being when the creator can petition to get the IP back after a set period since licence given to another

When IP goes back to the estate under similar scenarios to the first point of contention

When ALL claims of copyright for the original creation lapse and thus goes public domain (certain aspects can take longer if later additions/alterations and supporting characters created after initial creation)
Rosraf
Rosraf - 2/1/2025, 4:57 AM
@Apophis71 - But what is the point of reverting rights to the estate 25 years after the author died? What purpose does that serve?
Apophis71
Apophis71 - 2/1/2025, 5:43 AM
@Rosraf - Didn't write the laws and don't realy agree with it.

I guess it likely dates back a while to some point for widows, as in the author would have had a right to sue over rights but in case they hadn't they set a point where it auto reverted back to the estate. I mean there was a time when a wife and kids would be 100% reliant on income from the husband, no welfare safety net or life insurance so could be from back then but just spitballing. I guess the main thing is likely an IP may have grounds to debate ownership of the copyrights for the author but if he died there wasn't anything in law where the family could continue the fight so they added a point where it would revert/they could sue in the books.
Pictilli
Pictilli - 2/1/2025, 8:08 AM
@Rosraf - it doesn't help the creators a bit, they're dead
Rokhorn
Rokhorn - 2/1/2025, 8:22 AM
@ObserverIO - Sup's becomes public domain in 2034
GirshwinDavies
GirshwinDavies - 1/31/2025, 5:27 PM
[frick]
MotherGooseUPus
MotherGooseUPus - 1/31/2025, 5:28 PM
What... wtf is going on? This seems kind of absurd
Apophis71
Apophis71 - 1/31/2025, 5:47 PM
@MotherGooseUPus - Not realy when a case where the character was created independant of a publisher not under work for hire...

...this is at least the third time there has been court cases on Superman, first being whilst the authors were still alive.

I get why folk don't like it but it is the law but is a right to appeal, it isn't an automatic thing hence court involvement, which DC has won at least twice already in this case (once on initial trial, second time I know of lost but won on appeal).
ObserverIO
ObserverIO - 2/1/2025, 4:16 AM
@Apophis71 - I think one of them won one of them because now DC has to legally state "Used with permission from the Joe Shuster Estate" on all of their comics (or something to that effect).
AnthonyVonGeek
AnthonyVonGeek - 1/31/2025, 5:29 PM
User Comment Image
McMurdo
McMurdo - 1/31/2025, 6:40 PM
@AnthonyVonGeek - will be nipped in the bud ASAP.
MotherGooseUPus
MotherGooseUPus - 2/1/2025, 8:19 AM
@AnthonyVonGeek - omg!! Absolutely fantastic Seinfeld reference. Thank you sir
HeavyMetal4Life
HeavyMetal4Life - 1/31/2025, 5:32 PM
This seems like something that should have been figured out before the cameras started rolling...
GirshwinDavies
GirshwinDavies - 1/31/2025, 9:41 PM
@HeavyMetal4Life - 💯
DrDReturns
DrDReturns - 2/1/2025, 12:57 PM
@HeavyMetal4Life - Right? This seems like a late cheap shot to damage the film's success...
0bstreperous
0bstreperous - 1/31/2025, 5:36 PM
TL;DR
KennKathleen
KennKathleen - 1/31/2025, 8:24 PM
@0bstreperous - User Comment Image

xfactor
xfactor - 1/31/2025, 5:38 PM
Didn't they do this when man of steel was about to be released?
OT: John Erwin, the voice of he man in the 80s cartoon, passed away. Rip to a big part of my childhood.
AnthonyVonGeek
AnthonyVonGeek - 1/31/2025, 5:39 PM
@xfactor - I saw that he passed away. Heartbreaking. Gonna binge some old school MOTU all day today. 🙏
Apophis71
Apophis71 - 1/31/2025, 5:49 PM
@xfactor - They did take them to court before, yes, as did the authors before that but as time passes more laws come into play in more regions.

Non of this says I am on their side at all as the modern Superman is nothing like the original creation the authors came up with.
TheShape9859
TheShape9859 - 1/31/2025, 6:00 PM
@xfactor - back in December
bobevanz
bobevanz - 1/31/2025, 6:22 PM
@xfactor - yes they've done this before. They'll get a 2 million dollar check and everyone can move on
xfactor
xfactor - 1/31/2025, 6:42 PM
@AnthonyVonGeek - its definitely heartbreaking. I'm going to dedicate this whole weekend to MOTU.
xfactor
xfactor - 1/31/2025, 6:43 PM
@bobevanz - i knew i wasn't going crazy. Thanks for clarifying man!
xfactor
xfactor - 1/31/2025, 6:44 PM
@Apophis71 - I know I've seen articles on them doi this before, thanks for clearing it up.
MakeAmericaGrea
MakeAmericaGrea - 1/31/2025, 8:04 PM
@xfactor -

Rest in peace, John Erwin.

Thanks for your good work.
bkmeijer1
bkmeijer1 - 1/31/2025, 5:42 PM
Sounds like they're right. It can most likely be settlement with some money.

Also, what's up with "puppy bowl"? Did I miss something that we call the Super Bowl by a different name thus year?
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