On November 21, 2013, the Ninth Circuit Court of Appeals affirmed that Warner Brothers is the sole owner of Superman’s copyright. The ruling should be the final legal battle in the lengthy ownership dispute with the estates of Superman’s co-creators. The court described the case as “another chapter in the long-running saga regarding the ownership of copyrights in Superman – a story almost as old as the Man of Steel himself.”
Superman made his debut in 1938 as a character in Action Comics #1. The character was created by Jerry Siegel and Joe Shuster. In 1992, Shuster’s heirs signed a deal to transfer all rights to Superman in exchange for “more than $600,000 and other benefits.” Then, in 2001, Siegel’s heirs inked a similar “multimillion dollar deal.”
Both agreements have been the source of dispute for years. In 2003, Shuster’s nephew filed a copyright termination notice attempting to reclaim 50% ownership of the superhero. Later, Siegel’s estate also attempted to reclaim its ownership. However, DC Comics and its parent company, Warner Brothers, have continually stated they own all rights in the character.
Federal courts, especially the Ninth Circuit, have been talking about Superman a lot this year. In January, the Ninth Circuit overturned a lower court ruling and granted DC Siegel’s share of ownership. Then in April, a district court ruled that comic character Superboy also belonged to DC. Finally, last Thursday, the Ninth Circuit stated that DC also owned Shuster’s share of Superman granting DC full ownership of the character.
Although Thursday’s ruling can be appealed, it is unlikely given the way the courts have decided on the issue this year. In fact, the most recent decision reprimanded the estates and their attorney for hiding facts. The attorney was attempting to strike a deal with Pacific Pictures to create new movies if the estates could regain ownership.