According to the New York Times, Time Warner is no longer the sole proprietor of Superman. A judge on Wednesday ruled that the heirs of Jerome Siegel — who 70 years ago sold the rights to the action hero he created with Joseph Shuster (both below) to Detective Comics for $130 — were entitled to claim a share of the United States copyright to the character. This is huge news for the Superman Franchises because, although Time Warner retains rights to the characters, the families of the creators control over use of their lucrative character until at least 2033 — and perhaps longer, if Congress once again extends copyright terms — according to Marc Toberoff, a lawyer who represents the Siegels and the Shuster estate.
“It would be very powerful,†said Mr. Toberoff, speaking by telephone on Friday. “After 2013, Time Warner couldn’t exploit any new Superman-derived works without a license from the Siegels and Shusters.â€
In an unusually detailed narrative, the judge’s 72-page order described how Mr. Siegel and Mr. Shuster, as teenagers at Glenville High School in Cleveland, became friends and collaborators on their school newspaper in 1932. They worked together on a short story, “The Reign of the Superman,†in which their famous character first appeared not as hero, but villain.
By 1937, the pair were offering publishers comic strips in which the classic Superman elements — cape, logo and Clark Kent alter-ego — were already set. When Detective Comics bought 13 pages of work for its new Action Comics series the next year, the company sent Mr. Siegel a check for $130, and received in return a release from both creators granting the company rights to Superman “to have and hold forever,†the order noted.
In the late 1940s, a referee in a New York court upheld Detective Comics’ copyright, prompting Mr. Siegel and Mr. Shuster to drop their claim in exchange for $94,000. More than 30 years later, DC Comics (the successor to Detective Comics) gave the creators each a $20,000-per-year annuity that was later increased to $30,000. In 1997, however, Mrs. Siegel and her daughter served copyright termination notices under provisions of a 1976 law that permits heirs, under certain circumstances, to recover rights to creations.
Mr. Toberoff, their lawyer, has been something of a gadfly to Warner in the past. In the late 1990s, for example, he represented Gilbert Ralston, a television writer, in a legal battle over his rights in the CBS television series “The Wild Wild West,†which was the basis for a 1999 Warner Brothers film that starred Will Smith. The case, said Mr. Toberoff, was settled.
Compensation to the Siegels would be limited to any work created after their 1999 termination date. Income from the 1978 “Superman†film, or the three sequels that followed in the 1980s, are not at issue. But a “Superman Returns†sequel being planned with the filmmaker Bryan Singer (who has also directed “The Usual Suspects†and “X-Menâ€) might require payments to the Siegels, should they prevail in a demand that the studio’s income, not just that of the comics unit, be subject to a court-ordered accounting.
Mrs. Siegel and Ms. Larson said it was too soon to make future plans for the Superman character. But they were inclined to relish this moment.
“I have lived in the shadow of this my whole life,†Ms. Larson said. “I am so happy now, I just can’t explain it.â€




























