Warner Bros. Gets Another Advantage in Lingering SWarner Bros. Gets Another Advantage in Lingering Superman Rights Fightuperman Rights Fight

The studio scores another favorable legal development, but it's scheduled for several more months of appeals court arguments.

The heirs of Superman co-creator Joe Shuster got some bad news on Tuesday when the 9th Circuit Court of Appeals voted not to hold a rehearing in a dispute that challenged Warner Bros.' grip on the Superman franchise.

But contrary to news reports out there, this isn't quite the end to a dispute that stretches back decades in many guises.
Shuster and co-creator Jerry Siegel famously handed over rights to their comic book creation in the 1930s when the artists were struggling financially. Within a decade, as their contract neared an end, the two sued over rights to the character. A settlement was made.
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There would be more legal fussing over the years, but things got as hot as Krypton when attorney Marc Toberoff stood up about a decade ago on behalf of the heirs in an attempt to exploit a provision of the Copyright Act that allows a copyright grant to be terminated.
Unfortunately for Toberoff, the 9th Circuit eventually concluded that deals made by Shuster's and Siegel's heirs precluded the estates' termination attempts.
For Shuster, it was a 1992 agreement made by his sister Jean Peavy. In that deal, DC paid Shuster's final debts and increased survivor benefits. In return, Peavy gave up future claims against DC.
In October 2012, the 9th Circuit said the Shuster heirs were aware of their potential termination rights "when they bargained for and entered into the 1992 Agreement."
Today, the appellate circuit confirmed they wouldn't readdress this one. Warner Bros. has sewn up 50 percent of Superman rights, which will give it confidence exploiting the franchise in coming works like Superman vs. Batman.
Then there is the Siegel case.