2013 Merchandise & Miscellaneous News Archives

March 4, 2013: Superman Lawsuit Not Over Yet

Superman Court Case Just when you thought it was safe to go back into the water... or the court room, Marc Toberoff, the lawyer representing the Siegel and Shuster families in the ongoing battle over the rights to Superman, has not yet given up the fight.

You'll recall that last we heard, Warner Bros. had been granted complete Copyright ownership of Superman by the Ninth Circuit Court of Appeal, which had declared that an agreement letter signed in 2001 was legally binding.

    But the Siegels and Toberoff are attempting a new strategy premised on the notion that the Ninth Circuit ruling was limited. "There are a host of outstanding issues that preclude DC from the relief it seeks," the Siegels' say in legal papers.

    If a contract was created, the heirs of the Superman co-creator want to argue, the Warners subsidiary didn't perform under the contract.

    "DC failed to perform or to even tender performance by March 31, 2002, the date agreed upon," writes Toberoff. He continues, "DC anticipatorily breached by instead demanding unacceptable new and revised terms as a condition to its performance; accordingly, the Siegels rescinded the agreement, and DC abandoned the agreement."

    Finally, Toberoff is looking to reintroduce his long-held belief (fought in various lawsuits over the years) that the Copyright Act prevents the anticipatory transfer of terminated rights through contracts.

Read the complete report posted at the Hollywood Reporter website.

UPDATE: Read Jeff Trexler's summary of these latest events at ComicsBeat.com.



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