The lawsuit by the estate of Superman co-creator Joe Shuster is moving along and the court battle is just beginning.
The lawsuit by the Shuster estate involves international copyright laws to Superman. Warner Bros. Discovery and DC Comics are vigorously fighting the lawsuit.
This comes at an interesting time since a new Superman movie will be opening in theaters July 11.
The Superman Homepage reported:
Warner Bros. Discovery and DC Comics have filed a motion to dismiss a new lawsuit over Superman’s copyright in foreign territories, arguing that the case has already been thoroughly decided in previous court battles.
The lawsuit, filed by the estate of Joe Shuster (co-creator of Superman) through representative Mark Peary, claims rights to the Superman character in several international territories. Their attorney, Marc Toberoff, argues that in overseas territories, copyright assignments automatically terminate 25 years after an author’s death under the “Dickens provision” of U.K. copyright law.
Warner Bros. responded forcefully in their motion filed Wednesday, pointing out that courts have repeatedly rejected similar claims in the past. The studio noted that Peary’s mother, Jean Peavy, signed away all rights to Superman after Shuster’s death in 1992.
The case centers on complex international copyright law. Toberoff filed the suit in New York federal court, claiming U.S. courts have jurisdiction because the United States is a signatory to the Berne Convention, an international copyright agreement. However, Warner Bros.’ attorney countered that the Berne Convention cannot be enforced in U.S. courts and that the court lacks jurisdiction over the matter.
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