Will SUPERMAN Actually Release This Summer? A Lawsuit Could Block It
Movieguide® Contributor
James Gunn’s new SUPERMAN movie may not get the summer release date that DC Studios is hoping for—thanks to a new lawsuit from one of its creator’s estates.
The movie is currently caught up in a copyright lawsuit—between Warner Bros. Discovery, the parent company of DC Studios, and the estate of Joseph Schuster, who co-created Superman. Attorney for the estate, Marc Toberoff, recently filed for an injunction that would “block the studio from exploiting the franchise” and halt the film’s release, namely in Canada, Ireland, the U.K. and Australia.
Schuster’s estate first filed the lawsuit on Jan. 31 over Warner’s rights and where the studio was releasing and distributing the movie’s media. Schuster’s claim states: “Defendants continue to exploit Superman across these jurisdictions without the Shuster Estate’s authorization.”
Warner filed a motion to dismiss the lawsuit. It claimed Schuster’s “complaint fails on every ground” and the issue has already been thoroughly litigated.
Schuster’s nephew, Mark Peary, is the main face behind the estate. Warner Bros. claimed that his mother, Jean Peavy, gave away all rights to Superman after Schuster passed in 1992. However, Toberoff says that in overseas territories specifically, copyright assignments automatically terminate 25 years after the author’s death.
Warner Bros.’ lawyer said, “There are no carve-outs in the controlling 1992 agreement for any foreign copyrights, much less for the copyrights in the 10 countries Peary now alleges in the Complaint.”
RELATED: SUPERMAN CO-CREATOR’S ESTATE SUES DC, WARNER BROS. DISCOVERY
“We fundamentally disagree with the merits of the lawsuit and will vigorously defend our rights,” a Warner spokesperson said.
SUPERMAN is scheduled to release on July 11. If the lawsuit were successful, Warner would have to shuffle its license contracts to release the movie as planned, or else restrict its release. If the latter, the movie’s international box office would take a big hit. The countries listed in the suit are major money-makers for the DC Universe.
This isn’t Warner and the Schuster estate’s first tango. Their last dance was in 2013, when the estate attempted and failed to gain rights to MAN OF STEEL.
The court has ruled in DC’s favor in a handful of lawsuits, and it seems due in part to the 1975 contract that Schuster and co-creator Jerry Siegel agreed to, to never contest Superman’s copyright ownership, as well as similar agreements with the estates since then.
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