Discover why the Joseph Shuster Estate is suing Warner Bros. and how it may impact the release of David Corenswet’s Superman.
Warner Bros. is getting ready to launch a whole new DC Universe with James Gunn in charge, starting with Superman. However, as luck would have it, the first film’s release could potentially be blocked in several key countries, given the recent lawsuit against WB by the estate of Superman co-creator Joseph Shuster.
David Corenswet in Superman | Credits: Warner Bros. Pictures
Co-created by Shuster and Jerry Siegel, the rights of Superman have led to several court battles over the years, and the latest lawsuit is one of many previously filed.
Joseph Shuster Estate sues Warner Bros. over Superman rights
The issue of who owns Superman has been a long-standing feud between the creators and DC Comics | Credit: Warner Bros. Pictures
Plaintiff Maek Warren Peary, executor of the Joseph Shuster Estate has sued Warner Bros. Discovery as well as DC Comics by claiming that they lack the rights to release David Corenswet‘s Superman in several key countries.
Filed in Federal Court in the Southern District of New York, it seeks damages and injunctive relief for Defendants’ ongoing infringement in Canada, the United Kingdom, Ireland, and Australia, as well as declaratory relief establishing the Shuster Estate’s ownership rights across relevant jurisdictions.
While the Shuster and Siegel Estates have battled in court multiple times, even when both creators were alive, the issue has never really been resolved. Now, Mark Toberoff, attorney for the estate, has claimed that the automatic copyright reversion issue can now be litigated since the copyright laws of countries with the British legal tradition—including Canada, the United Kingdom, Ireland, and Australia—contain provisions automatically terminating such assignments 25 years after an author’s death, vesting in the Shuster Estate the co-author’s undivided copyright interest in such countries.
Since Shuster passed away in 1992 and Siegel in 1996, by law, Shuster’s foreign copyrights automatically reverted to his estate in 2017 in most of these territories (and in 2021 in Canada). Thus, the complaint not only seeks the Shuster Estate’s authorization in the future but also a share of profits from all works that come under the alleged copyright infringement, such as Justice League and Black Adam in countries like Canada, the UK, and more (via Deadline and The Hollywood Reporter).
The recent lawsuit seeks to bar further ‘exploitation’ of the international rights of Superman
Credits: David Corenswet and Rachel Brosnahan in Superman / Warner Bros.
James Gunn‘s Superman is slated to arrive on July 11 and will be the first solo movie of the character in a decade and the first film under Gunn’s DCU. While Warner Bros. Discovery had stated that they would vigorously defend their rights, the lawsuit’s claim can potentially affect the release of the film in several major markets.
The lawsuit states that the Defendants continue to exploit Superman across these jurisdictions without the Shuster Estate’s authorization—including in motion pictures, television series, and merchandise—in direct contravention of these countries’ copyright laws, which require the consent of all joint copyright owners to do so.
Seeking a jury trial since the actions of WBD have been willful, intentional, and purposeful, in wholesale disregard of and indifference to the rights of Plaintiff, the Shuster Estate not only seeks a settlement (that is inclusive of all damages and WBD’s profits) but has also asked the court for a cease and desist order.
Thus, the lawsuit essentially seeks to bar Warner Bros. Discovery from further exploiting the international rights to Superman, without Plaintiff’s prior written consent or license to do so. A complex case that might potentially take some time to conclude, it remains to be seen how it will fare out for David Corenswet’s DC debut.
Superman is slated to be released on July 11, 2025.