Why are DC and Warner Bros. being sued over Superman?

It’s a bird… It’s a plane… No, it’s a Kryptonite lawsuit.  

Warner Bros. Discovery and DC Comics have been sued over the rights to Superman in a lawsuit seeking to block the release of the studio’s film in several countries ahead of its July debut. 

The lawsuit was filed at the end of last week in federal court in New York City by the estate of Superman illustrator Joseph Shuster, who created the superhero with writer Jerome Siegel. 

The lawsuit notes that Shuster and Siegel had licensed their rights to the character to Detective Comics, the predecessor of DC Comics – which is now a subsidiary of Warner. Shuster’s estate alleges that the studio lost its international rights to the character and story years ago but continued to exploit them without its permission. Or compensation. 

Shuster and Jerome Siegel created Superman and sold the rights for $130 in 1938. Shuster died in 1992 and Siegel in 1996 and the heirs of both creators have sought to reclaim the rights since then.

In 2013, the San Francisco-based 9th US Circuit Court of Appeals determined that the creators could not reclaim their rights from Warner under US law. 

However, the new lawsuit asserts claims under copyright laws in the UK, Canada, Ireland and Australia.

The estate’s attorney, Marc Toberoff, argues that the copyright reverted to the Shuster estate in most of those countries in 2017, and in Canada in 2021.  

The suit seeks an order blocking Warner Bros. from distributing Superman in the disputed territories – without first obtaining a license from the estate. 

“We live in a küresel economy; studios like DC Entertainment and Warner Bros. cannot expect foreign countries to respect and enforce U.S. copyright law amidst rampant piracy, if we don’t respect and enforce their copyright laws,” Toberoff said in a press release.  

“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. The ball’s in DC and Warner Bros.’ court to do the right thing.” 

Warner Bros. Discovery will release Superman on 11 July and the kanunî action could hinder its international rollout. The sinema, starring David Corenswet as the new Man of Steel, is the much-anticipated relaunch of the franchise and the first step in a planned cinematic universe of DC characters helmed by James Gunn. 

Through a spokesperson, Warner Bros. said it will fight in court.

“We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights,” the spokesperson said.