The Real Owners of Superman

Definitely not Time Warner Inc.

Warner Bros. is no longer the sole owner of the multi million dollar Superman franchise. Atty. Marc Toberoff, who represents Superman writer Jerry Siegel’s (1996) heirs, won against the studio for a stake in domestic Superman earnings. In addition, the heirs of Joe Shuster (1992) could also do the same when they are eligible to do so, which is in five years.

Jerry Siegel and Joe Shuster (pictured above) created the Superman character way back in 1932. Jerry was the writer and Joe was the artist. They sold the rights to the character to DC Comics in 1938 for $130 and a contract to write and draw the comic book series.

Superman first appeared in Action Comics # 1 – June 1938 (cover pictured above). Even back then, the comic book and the character was already a huge success, earning DC millions of dollars annually. Sadly, the pair got paid a measly $75,000 per year. Needless to say, they didn’t get an equal share of the cake.

Ever since 1947, the two families have been battling against Warner Bros. (who also owns DC Comics) to reclaim the rights for Superman. Their most notable argument was in accordance to the Copyright Act of 1909, which states that a copyright granted will only last 28 years and allows further renewal of 28 more. After that, the copyright is terminated. Based on the 1938 purchase, the rights would have been terminated after two 28-year terms, and will therefore be returned to the original owners by 1994. In 1976, the contract was extended to a total of 75 years, with a window for reclamation for the families. The Siegels used that window and was entitled to claim a share in US copyright in 1999.

As a result of Judge Stephen G. Larson’s ruling in the Federal District Court for the Central District of California, the Siegel heirs are possibly entitled to upwards to ten million dollars from the domestic earnings of the 2006 hit “Superman Returns” which reportedly grossed $391,081,192. I said “possibly” because it is yet to be resolved whether they have a claim on the movie gross or just on the DC Comics revenue. But if they do have a claim on the movies, of course they will also get their share from future projects.

Warner Bros. is currently working on two new movies with Superman, a sequel to “Superman Returns” and “Justice League of America.” These two movies, even before their release date, are already blockbuster hits. Even more money are going the Siegels’ way.

Atty. Toberoff is a “superhero” to copyright holder claims. His “villainous” arch enemy is none other than Time Warner and their movie and TV subsidiary Warner Bros. He had also represented against Warner Bros. movies like “Wild Wild West,” “The Dukes of Hazzard,” and their TV series “Smallville.” Soon, he will be battling for rights to the upcoming “Get Smart” movie (which Warner Bros. produced and adapted from a 60’s spy parody TV show of the same title).

Toberoff represented writer Gilbert Ralston who wrote the television series “The Wild Wild West,” which was the basis for 1999 Warner Bros. movie. That case was settled.

Toberoff won a $17.5 million settlement from Warner Bros. for “The Dukes of Hazzard” in favor of producer Robert Clark who produced the 1975 movie “Moonrunners,” which was based on the story of Jerry Rushing and the inspiration behind the Dukes television series of 1979-85. Considering the timeline, the Dukes movie of 2005 is already a remake of a remake. That’s how good Toberoff is.

He also already won against Warner Bros. for “Smallville” in favor of the Siegels, arguing that the young Superman was based on Superboy, which the duo also created. Time Warner is challenging all rulings in favor of the Siegels. In 2013, they will face the Shusters for more reclamation battles. If Time Warner loses, the copyright returns to both families.

Popularity: 2% [?]