A US judge has dismissed a lawsuit that challenged Warner Bros’ ownership of “Superman” copyrights in 10 countries, ruling that federal courts lack jurisdiction over the matter.
Mark Peary, nephew of the late “Superman” co-creator Joe Shuster, filed the suit against Warner Bros. and its DC Comics division in January, claiming Shuster’s estate had the right to terminate the “Superman” copyrights in the United Kingdom, Canada, Ireland, and other regions.
In a decision on Thursday, US District Judge Jesse Furman stated that the court had no authority to decide the estate’s rights under foreign copyright laws, according to Variety.
“The Court concludes that it lacks subject-matter jurisdiction over this case; the case therefore must be and is dismissed,” Furman wrote.
However, Peary quickly responded by lodging a near-identical case in New York state court on Friday morning. The new action seeks an injunction that could potentially disrupt the scheduled 11 July release of “Superman,” a reboot directed by James Gunn and starring David Corenswet.
Previously, Peary’s lawyer, Marc Toberoff, had attempted to secure a federal injunction to prevent the film’s release in the UK, Canada, Australia, and Ireland unless the Shuster estate received compensation.
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By dismissing the federal case, Judge Furman also rendered the requested injunction moot.
Copyright claims involving “Superman” have sparked decades of legal battles since Shuster and Jerome Siegel created the iconic character and sold the rights for $130 in 1938.
In 2013, the 9th Circuit Court of Appeal ruled against the Shuster estate, determining that Shuster’s sister had relinquished all claims following his death in 1992.
Toberoff maintained that while the 9th Circuit decision resolved the matter under US law, the estate’s international rights remained unaddressed. He argued that British law allowed the estate to terminate copyright in 2017, marking 25 years after Shuster’s death.
He further contended that the Berne Convention, an international copyright treaty, gave US courts the power to enforce foreign copyrights. Warner Bros’ lawyers rebutted that the Berne Convention is not enforceable in federal courts.
Toberoff has yet to initiate proceedings in the UK or other jurisdictions, citing practical difficulties. Warner Bros’ legal team also emphasised that “Superman” copyright issues had been thoroughly litigated and concluded. The character is expected to enter the public domain in 2034.