Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, dc comics, jerry siegal, superman

Companies:
warner bros.



Copyright Insanity: Courts Continue To Try To Slice And Dice The Superman Copyright

from the who-gets-what-now? dept

For years, I've been watching the rather insane battle between the heirs of Superman co-creator Jerry Siegel and Warner Bros., over who owns what copyrights concerning Superman. The overall details of the case are honestly too bizarre and convoluted to get into all of the details as to how we got here, but suffice it to say, it's yet another example of how twisted copyright has become, in this specific instance, focused on "termination" rights when it comes to copyright. If you want a good detailed explanation of the history here, this is a pretty good summary. As it stands now, both parties own some of the rights to Superman, which makes for some awkward problems. BobinBaltimore alerts us to a short writeup concerning the latest ruling in the ongoing series of court cases, and just a quick summary should detail the insanity that we're dealing with:

The court ruled, for the most part, that the Siegels successfully recaptured most of the works at issue, including those first two weeks of daily Superman strips, as well as key sections of early Action Comics and Superman comics.This means the Siegels, repped by Warners' nemesis Marc Toberoff, now control depictions of Superman's origins from the planet Krypton, his parents Jor-El and Lora, Superman as an infant, the launching of the baby Superman into space and his landing on Earth in a fiery crash.

But Warners/DC still owns other elements, including Superman's ability to fly, the term "kryptonite," the villain Lex Luthor, Jimmy Olsen, and some of Superman's powers.
It's like a Solomon-like "splitting of the baby" to figure out who can actually do what. In the meantime... the idea that Superman can fly is covered by copyright? Yikes.

25 Comments | Leave a Comment..

 
 

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  1. Aug 17th, 2009 @ 11:16am
    by icon Ima Fish (profile)

    Can someone explain how this legal quagmire helps to "promote the Progress of Science and useful Arts"?! I won't hold my breath.

    (reply to this comment) (link to this comment)

  2. Aug 17th, 2009 @ 11:25am

    Re:

    by Anonymous Coward

    It makes perfect sense. On Bizarro Earth!!! Who owns the copyright on Bizarro Superman's inability to fly? That's what I want to know.

    (reply to this comment) (link to this comment)

  3. Aug 17th, 2009 @ 11:25am

    Re:

    by Anonymous Coward

    It makes perfect sense. On Bizarro Earth!!! Who owns the copyright on Bizarro Superman's inability to fly? That's what I want to know.

    (reply to this comment) (link to this comment)

  4. Aug 17th, 2009 @ 11:30am

    Pay yer royalties!

    by Anonymous Coward

    Shouldn't be surprised. I mean, Warner also owns the rights to Happy Birthday.

    It costs $5,000 to sing the song legally. (Page 4,68)

    And they called ME insane!

    (reply to this comment) (link to this comment)

  5. Aug 17th, 2009 @ 11:39am

    Superman via Seinfeld

    by Fushta

    Betcha Seinfeld producers had to pay royalties to use his likeness and even mention him on the show.


    Also, if you're going to use a biblical reference, get it right. It's Solomon, not Samson.

    (reply to this comment) (link to this comment)

  6. Aug 17th, 2009 @ 11:42am

    Y'know... Frak 'em.

    Seriously, if they think they get to delve this far into anything, frak 'em.

    Creatives, carry on as you have been.

    (reply to this comment) (link to this comment)

  7. Aug 17th, 2009 @ 12:05pm

    Samson?

    by Steve

    Actually, that would be Solomon who ruled that the baby be split. I should know. I own the copyright to the story. My lawyers - Sueman and Shyster - will be in contact.

    (reply to this comment) (link to this comment)

  8. Aug 17th, 2009 @ 12:05pm

    Solomon

    by Chris Dean

    You mean Solomon, not Samson.

    Samson was the guy who got his hair cut off.

    (reply to this comment) (link to this comment)

  9. Aug 17th, 2009 @ 12:10pm
    by icon diabolic (profile)

    I think superman peeing is covered by copyright too...
    http://occasionalplanet.com/id3.html

    (reply to this comment) (link to this comment)

  10. Aug 17th, 2009 @ 12:19pm

    Re: Superman via Seinfeld

    by Anonymous Coward

    Beat me to it. Samson was a warrior who defeated and army with the jawbone of an ass. Solomon was a King who came WAY after.

    (reply to this comment) (link to this comment)

  11. Aug 17th, 2009 @ 12:29pm

    Re: Re: Superman via Seinfeld

    by icon Dark Helmet (profile)

    "Beat me to it. Samson was a warrior who defeated and army with the jawbone of an ass"

    That's a mistranslation. It's actually the assbone of a jawa.

    Common mistake...

    (reply to this comment) (link to this comment)

  12. Aug 17th, 2009 @ 12:38pm

    Superman can fly?

    In the beginning, at least in the first comic, Superman couldn't fly, only use his super strength to leap tall buildings. So someone had to come up with the idea that what Superman was doing was flying... right? right? What's the difference between that and, say, inventing the light bulb!

    I hate that Superman can fly, is affected by kriptonite, and has heat vision... Only his super strength is explained in the comic: Kripton was a larger planet and the people there where super athletes. So, of course the baby is a super athlete in a smaller planet...

    (reply to this comment) (link to this comment)

  13. Aug 17th, 2009 @ 12:51pm

    Yah!

    by Anonymous Coward

    So slicing up Superman is fine, but the sequel to Catcher in the Rye gets banned?

    I LOVE THIS COUNTRY AND ITS BOUGHT JUDGES AND POLITICIANS!

    (reply to this comment) (link to this comment)

  14. Aug 17th, 2009 @ 1:00pm

    changed Samson to Solomon..

    by icon Dennis Yang (profile)

    Thanks to all who pointed out that Samson should be, indeed, Solomon... I've changed it now..

    (reply to this comment) (link to this comment)

  15. Aug 17th, 2009 @ 1:50pm

    Re: Yah!

    by Anonymous Coward

    So slicing up Superman is fine, but the sequel to Catcher in the Rye gets banned?

    I LOVE THIS COUNTRY AND ITS BOUGHT JUDGES AND POLITICIANS!

    The author of the sequel should have given the main character to ability to fly.

    (reply to this comment) (link to this comment)

  16. Aug 17th, 2009 @ 2:04pm

    Re: Re: Yah!

    by icon Dark Helmet (profile)

    "The author of the sequel should have given the main character to ability to fly."

    And the created a Holden version of Dawson's Creek on the WB, in which Holden is a complete and total vagina.

    Just keeping the analogy going...

    (reply to this comment) (link to this comment)

  17. Aug 17th, 2009 @ 2:37pm
    by Lucretious

    this is.....retarded. WTF good is Superman if he can't fly or use only a portion of his powers?

    Also, how greedy do you have to be where neither side can come to terms on a complete buyout of the others holdings?

    (reply to this comment) (link to this comment)

  18. Aug 17th, 2009 @ 2:57pm

    Superman's entourage

    by FilmLab

    Who does Superman have to pay royalties to if he gets out of bed in the morning? I hope he has a good accountant and psychiatrist.

    (reply to this comment) (link to this comment)

  19. Aug 17th, 2009 @ 2:58pm

    Re: Superman's entourage

    by icon Dark Helmet (profile)

    I'd say he needs a good proctologist more than anything else, given how many people have their hands up his ass...

    (reply to this comment) (link to this comment)

  20. Aug 17th, 2009 @ 5:45pm
    by icon PrometheeFeu (profile)

    Now, I am wondering what would happen if superman suddenly gained the ability to teleport very short distances in any direction, therebye giving the appearance of flight, but actually teleporting... Or perhaps more amusingly, what if he went back in time and killed his baby self by flying. (off camera of course) Who would own the rights to the paradoxe that would ensue?

    (reply to this comment) (link to this comment)

  21. Aug 17th, 2009 @ 8:47pm

    Re: Samson?

    by alex silver

    NICEEE!!!

    (reply to this comment) (link to this comment)

  22. Aug 18th, 2009 @ 7:04am

    Meanwhile on the other side of town...

    by Enrico Suarve

    So it turns out that the only things that can remove Supermans powers, thereby exposing metropolis and the world to to yet another crime wave/global disaster are

    1) Kryptonite
    2) Copyright Lawyers

    Why am I not surprised?

    I can actually see the day when the earth's Meteorite defense shield fails as copyright lawyers have tied up the activation code...

    (reply to this comment) (link to this comment)

  23. Aug 18th, 2009 @ 8:50am

    Re: Superman can fly?

    by Anonymous Coward

    Except you're not copyrighting the "light bulb". You're copyrighting the fact that a light bulb creates light, and saying any reference to a light bulb illuminating anything is a violation of those rights.

    (reply to this comment) (link to this comment)

  24. Aug 18th, 2009 @ 8:33pm

    How online TV and Movie copyright infringment could be made a thing of the past...

    Read this to see how online TV and Movie copyright infringment could be made a thing of the past...

    (reply to this comment) (link to this comment)

  25. Feb 8th, 2010 @ 2:32am

    Re: Can Superman Fly?

    Haha, that is right, copyright is just getting completely ridiculous, even with something that has so deeply embedded itself in human culture - Superman. Well, I wish we had one - to come and remedy this absurdity. superman action figures

    (reply to this comment) (link to this comment)

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