DC Comics Sued Over Superman’s Foreign Copyright Protections (1)

The executor of the estate of a “Superman” co-creator sued DC Comics Inc. and Warner Bros. Discovery Inc. Friday, attempting to block use of the superhero character and story in several major foreign markets, including in an upcoming July movie premiere.

The assignment of the rights to the Superman story under copyright law in countries like Canada, the United Kingdom, Ireland, and Australia automatically terminated 25 years after the author’s death, according to the complaint filed in the US District Court for the Southern District of New York.

The suit, filed by Mark Warren Peary, said co-creator of the Superman character and story Joseph Shuster passed away in 1992, and co-creator Jerome Siegel passed away in 1996. Peary filed the suit individually and in his capacity as executor of Shuster’s estate.

“By operation of law, Shuster’s foreign copyrights automatically reverted to his estate in 2017 in most of these territories (and in 2021 in Canada),” Peary wrote.

But DC Comics and Warner Bros. “continue to exploit Superman across these jurisdictions without the Shuster Estate’s authorization,” the complaint said. DC Entertainment Inc. is also named as a defendant.

“We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights,” a Warner Bros. spokesperson said in an emailed statement.

The complaint noted the studios are “actively planning to commit such infringement with the pending release of their film Superman” in the foreign territories, scheduled on or about July 11.

“As such, a dispute as to the ownership of the Work’s copyright is substantially likely if not certain to arise between Plaintiff and Defendants,” it said.

The complaint asserts infringement under Canadian, UK, Australian, and Irish copyright law and seeks declaratory relief.

Toberoff & Associates PC represents Peary.

The case is Peary v. DC Comics Inc., S.D.N.Y., No. 1:25-cv-00910, opinion filed 1/31/25.