DC Comics will retain its rights to Supermanafter a judge ruled Wednesday that the heirs of one of the superhero'sco-creators signed away their ability to reclaim copyrights to the Man of Steelroughly 20 years ago.
The ruling means that DC Comics and its owner Warner Bros.will retain all rights to continue using the character in books, films,television and other mediums, including the film reboot planned for next year.
DC Comics sued the heirs of artist Joe Shuster in 2010,seeking a ruling that they lost their ability to try to reclaim the superhero'scopyrights in 1992. U.S. District Court Judge Otis Wright II agreed, statingthat Shuster's sister and brother relinquished any chance to reclaim Supermancopyrights in exchange for annual pension payments from DC Comics.
Shuster and writer Jerry Siegel created Superman, who madehis comic book debut in 1938 in Action Comics No.1. Both men battled forincreased compensation for the superhero throughout their lives and Siegel'sheirs have also fought DC for a stake in copyrights to Superman.
Shuster's heirs had argued that the copyright agreementscould be terminated under provisions that allowed creators of works made before1978 a mechanism to reclaim their rights. Wright ruled that the decision byShuster's sister to accept higher annual payments created a new agreement andthe pre-1978 rights no longer applied.
"We respectfully disagree with its factual and legalconclusions, and it is surprising given that the judge appeared to emphaticallyagree with our position at the summary judgment hearing," the Shusters'attorney Marc Toberoff wrote in a statement. He declined further comment, andWarner Bros. and its attorney Daniel Petrocelli also declined comment on theruling.
Toberoff had argued that an agreement altering copyrightinterests would have been much longer than the one-page 1992 agreement betweenDC Comics and Shuster's sister, Joan Shuster Peavy, and his brother, Frank.
The latest Superman film, "Man of Steel" isscheduled to land in theaters in 2013. Director Zach Snyder told fans earlierthis year at Comic-Con that his film would make the superhero more relatablethan previous depictions that showed him as "a big blue Boy Scout up onthe throne and you can't really touch him."
In April, the $412 check that DC Comics wrote in 1938 toacquire Superman and other creative works by Shuster and Siegel sold for$160,000 in an online auction.