Warner Bros. Discovery and DC Comics will not have to contend with a lawsuit that threatened to block the release of their major Superman film in several countries, following a ruling from a U.S. court.

On Thursday, U.S. District Judge Jesse Furman dismissed a case brought by the estate of Joseph Shuster, co-creator of Superman, determining that the court lacked jurisdiction because the copyright infringement claims were made under foreign law.

A spokesperson for Warner Bros. Discovery stated, “As we have consistently maintained, DC controls all rights to Superman.”

However, the legal battle is not over. On Friday, the lawsuit was refiled in New York state court.

The broad lawsuit, initiated by Shuster’s nephew, Warren Peary, alleged that Warner Bros. Discovery had lost international rights to Superman years ago but continued profiting from the character in countries like the U.K., Australia, Canada, and Ireland without authorization or payment. Peary sought a share of profits from works including ‘Zack Snyder’s Justice League,’ ‘Black Adam,’ and ‘Shazam!’ in those markets.

Judge Furman rejected Peary’s argument that the case raised issues under U.S. law. He wrote that the infringement claims were brought under the laws of foreign countries, and not the laws of the United States.

Peary also argued that the Berne Convention — an 1886 international treaty setting minimum standards for copyright protection — supported his claims. He contended that courts must apply the copyright laws of countries like Canada, the U.K., Australia, New Zealand, and Ireland, where rights to Superman were allegedly reclaimed. In the U.K., for example, copyright assignments end 25 years after an author’s death, which, by Peary’s reasoning, would have allowed Shuster’s estate to reclaim rights in 2017, given that Shuster died in 1992.

The court found that the Berne Convention is not “self-executing,” meaning its provisions are not automatically enforceable in U.S. courts.

Superman has been associated with DC Comics since 1938, when writers Jerry Siegel and Joe Shuster sold the rights to the character for $130. Superman made his first appearance in ‘Action Comics No. 1,’ where readers were introduced to Clark Kent and his superhuman abilities. (The character’s first flight, however, didn’t come until ‘Action Comics No. 65’ in 1943.)

The rights to Superman have been contested multiple times. In 1947, Siegel and Shuster sued DC to invalidate the company's ownership but eventually settled for a $94,000 payout.

Under U.S. copyright law, Shuster would have had the opportunity to reclaim domestic rights through a termination provision. However, in 1992, his sister and brother signed a deal with DC, surrendering that right in exchange for an annual $25,000 payment — a deal later upheld by a federal appeals court.

An unresolved question remains over whether Shuster’s sister had the legal authority to enter into that agreement. However, Judge Furman did not reach that issue, having already ruled that the court lacked authority over the case.

TRENDING NEWS