Estate of ‘Superman’ Co-Creator Sues DC Comics Over Foreign Copyrights to Franchise Superhero
DC Comics’ Superman franchise is embroiled in a legal battle over the rights to the “Man of Steel.” The question is if the estate of Superman co-creator Joe Shuster can block an upcoming Superman movie in certain countries.
The heirs of co-creator Joseph Shuster filed a lawsuit against Warner Bros. Discovery (WBD), which could prohibit the release of James Gunn’s Superman movie in the United Kingdom, Ireland, Canada, and Australia.
Superman’s Origin Story
In 1934, writer Jerome Siegel and graphic artist Joseph Shuster created Superman and the character’s material elements, such as his arrival from another planet as a baby, his superpowers, his secret identity as a newspaper reporter, Clark Kent, and his romantic relationship with Lois Lane. DC released the first comic featuring Superman in 1938’s Action Comics No. 1. The same year, Siegel and Shuster assigned their rights to Superman to DC Comics.
How Copyrights Work
A copyright gives exclusive legal rights to a creator of an original work in tangible form, such as a book, music, software, or art.
The duration of copyright protection is the life of the author plus 70 years after the author’s death for works created on or after January 1, 1978. For works created before 1978, the duration is 95 years.
Because of the length of copyright protection, a copyright is a valuable asset in an estate plan. It can run through many generations. Jerry Siegel and Joe Shuster assigned their copyright in 1938 for $130. Since then, the Superman franchise earned over 6.9 billion.
A copyright owner can license or assign their work. A license means the licensee can use the work for a limited time, but they do not have ownership rights. An assignment means the assignee can use, distribute, and benefit from the copyrighted work as an owner could. DC Comics, DC Studios, and later Warner Bros. expanded the Superman character into movies, television series, and merchandise.
The latest product is James Gunn’s 2025 Superman movie, which stars David Corenswet as Superman, Rachel Brosnahan as Lois Lane, and Nicholas Hoult as Lex Luthor.
Copyright Law Could Be Kryptonite to the New Superman Movie
Shuster’s estate is not contesting the U.S. copyrights. That matter was settled in 1992 after his death. The estate of Superman co-creator Joe Shuster filed to terminate the 1938 copyright, but a U.S. District Judge ruled that the assignment was superseded by an agreement for DC Comics to pay lifetime pensions to Shuster’s siblings.
The lawsuit filed in the Federal Court of the Southern District of New York claims the above agreement does not apply to foreign jurisdictions. Different countries have different rules for copyrights and their termination. For example, in the United Kingdom, an assignment of a copyright terminates 25 years after an author’s death. Therefore, in the UK, the intellectual property reverted to the Shuster's estate in 2017. In Canada, it reverted in 2021. At least, that is the claim being made in court.
In these jurisdictions, the heirs claim the ‘Man of Steel’ is being used without the authorization of Shuster’s estate. This is significant because if the estate prevails, it could get income from assigning or licensing the rights to Superman from when these assignments terminated in foreign jurisdictions until the duration of the initial copyright, which would be in 2033.
A spokesperson for WBD claims the lawsuit is without merit and will vigorously defend it. The movie’s U.S. release is scheduled for July 11, 2025. If the court rules that the U.S. agreement does not apply to foreign jurisdictions, then WBD would have to negotiate a settlement with the Shuster estate or lose money with a limited release. The upcoming deadline and fate of who owns Superman has the makings of a Hollywood movie.
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