Warner Bros. Discovery is facing a legal challenge that could put the brakes on the release of James Gunn‘s Superman in several major territories.
The estate of Joseph Shuster, co-creator of the Man of Steel, has filed a lawsuit against Warner Bros. Discovery and DC Comics, arguing that the studio does not have the rights to distribute the upcoming blockbuster in Canada, the United Kingdom, Ireland, and Australia.
Mark Warren Peary, executor of the Shuster estate, filed the lawsuit in the Southern District of New York, seeking both damages and an injunction to prevent Warner from releasing the film in these territories.
The suit asserts, “Defendants are actively planning a major new Superman motion picture and other derivative works for imminent worldwide release.”
Given that Superman, starring David Corenswet as Clark Kent, is set to hit theaters on July 11, the timing of the lawsuit could create complications for Warner’s international rollout.
The issue at hand revolves around foreign copyright laws. According to Marc Toberoff, the estate’s attorney, Siegel and Shuster originally sold the worldwide rights to Superman for just $130 in 1938.
However, certain countries following the British legal tradition such as Canada, the UK, Ireland, and Australia have laws that automatically terminate such assignments 25 years after an author’s death.
That means Shuster’s portion of the copyright reverted to his estate in 2017 (and in Canada in 2021), but Warner Bros. has continued using the character without their authorization.
The lawsuit states, “Defendants continue to exploit Superman across these jurisdictions without the Shuster Estate’s authorization—including in motion pictures, television series, and merchandise—in direct contravention of these countries’ copyright laws, which require the consent of all joint copyright owners to do so.”
This is not the first time Peary and Warner Bros. have battled in court. Their previous legal fights have revolved around U.S. copyright termination rights. However, Toberoff notes that this specific issue involving the foreign copyright reversion had not been litigated before. Now it will be.
Warner Bros. isn’t backing down. A spokesperson for the studio responded bluntly: “We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights.”
With the release of Superman coming up this summer, this legal battle could turn into a high-stakes fight. If the court rules in favor of the Shuster estate, Warner may be forced to negotiate terms or risk losing distribution in some of its key overseas markets.
Source: Deadline
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