LOS ANGELES ? A judge on Wednesday handed Warner Brothers a major victory in its quest to defend its Superman franchise, ruling that heirs of the comic book hero?s co-creators have no right to seize control of half of the lucrative property.
The 18-page decision, issued late Wednesday by Judge Otis D. Wright II of Federal District Court here, pertains to a lengthy effort by the heirs of the Superman co-creator, Joseph Shuster, to recapture rights to the character from Warner. A judge ruled in 2008 that an interest in Superman should revert to the heirs of the character?s other creator, Jerome Siegel. Congress rewrote copyright law in 1999, allowing heirs to reclaim prior copyrights under certain conditions.
But Judge Wright ruled that the Shuster heirs were different from the Siegels. The Shuster heirs cannot reclaim rights to the character because of an agreement made in 1992, shortly after Mr. Shuster died, he said. In that agreement, Mr. Shuster?s sister, Jean Peavy, forfeited rights in return for Warner?s settling of her brother?s debts and payment of $25,000 a year for the rest of her life. Judge Wright found that the contract ?fully settles? the matter.
?By taking advantage of this opportunity, she exhausted the single opportunity provided by statute to the Shuster heirs to revisit? the copyright issue, Judge Wright wrote of Ms. Peavy. He added that the president of DC Comics in 1992 gave Ms. Peavy an ?admonition? that the contract she was about to sign would ?fully resolve any past, present or future claims against DC.?
Ms. Peavy?s lawyer, Marc Toberoff, said in a statement, ?We respectfully disagree with its factual and legal conclusions, and it is surprising given that the judge appeared to emphatically agree with our position at the summary judgment hearing.?
A Warner spokesman had no comment.
Wednesday?s ruling allows Warner and DC Comics to move forward with plans to mine Superman as they see fit. A blockbuster-style movie, ?Man of Steel,? is set for release in June and the studio hopes to make sequels.
But the decision does not mean the legal wrangling for Superman is over. The executor of Mr. Shuster?s estate could appeal. Warner itself is appealing the 2008 ruling that granted rights to the Siegels; a hearing is scheduled for early next month.
Mr. Toberoff, who also represented the Siegels, has built a reputation in Hollywood for helping people claim ownership of old television shows, films and comic book properties. He has scored a number of victories, including one over Warner involving ?The Dukes of Hazzard.? But his critics, including lawyers who represent the big studios, have long complained that he exerts too much control over his clients ? an issue central to Warner?s complaint.
This post has been revised to reflect the following correction:
Correction: October 18, 2012
An earlier version of this story stated that the lawyer for Jean Peavy could appeal Wednesday's ruling. It is the executor of Joseph Shuster's estate that could appeal the ruling.
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