Superman Copyright Trial is Looming Overhead

While the Watchmen movie legal dispute barrels forward, the trial date in a different comic book related case is approaching. A bench trial for "alter ego" claims in Siegel v. Warner Bros. Entertainment, which involves copyrights to Superman story materials, on February 3, 2009. A separate bench trial related to a claim for an accounting of profits is set for March 24, 2009. Coverage of this case on this site begins with the following summary. Those with an immediate interest in more detail should jump to the final paragraph for reading recommendations.

Siegel v. Warner Brothers Entertainment pits Joanne Siegel and Laura Siegel Larson (widow and daughter of Superman co-creator Jerome Siegel, respectively) against Warner Brothers in a complex, highly technical suit over termination of copyright transfers in the Superman stories. The February 2009 trial will address issues that were not resolved in a March 26, 2008 order for partial summary judgment. In March 2008, the judge in the case found that, among other things, notices of copyright termination sent to DC Comics by the Siegels were valid. In an amazing opinion tracing the history of the Superman character, the judge found that the Siegels recaptured, as of April 16, 1999, their one-half interest (Joseph Shuster's estate holds the other half) in the Superman story material as first published. The judge also ruled that the subsequent accounting for Superman profits would not include those monies derived from foreign exploitation, republication of pre-termination works and trademark exploitation.

The best background information about the Superman copyright case is: 1) William Patry's commentary on the Superman summary judgment decision; and 2) Jeff Trexler's detailed up-to-date analysis at Newsarama.