Warner Bros. Discovery and DC Comics will not have to face a lawsuit in the United States over the rights to Superman, following a court ruling that dismissed the case. The decision clears the way for the release of Warner Bros.’ highly anticipated Superman film, set to hit theaters in July.
U.S. District Judge Jesse Furman ruled on Thursday that he had no authority to hear the lawsuit, which was filed by the estate of Joseph Shuster, one of Superman’s original creators. The judge explained that the copyright infringement claims were made under the laws of foreign countries, not U.S. law.
In a statement, a spokesperson for Warner Bros. Discovery said, “As we have consistently maintained, DC controls all rights to Superman.”
However, on Friday, the estate refiled the lawsuit in New York state court. The lawsuit was brought by Warren Peary, the nephew of Joseph Shuster. Peary accused Warner Bros. Discovery of violating copyright laws in several countries, including the United Kingdom, Australia, Canada, and Ireland. He claimed the company continued to use Superman internationally without proper rights or payments and demanded a share of profits from projects like Zack Snyder’s Justice League, Black Adam, and Shazam!.
Peary argued that Warner Bros. lost its international rights to Superman years ago. He pointed to laws such as those in the U.K., where copyrights can end 25 years after the author’s death. Since Shuster passed away in 1992, Peary claimed the estate should have regained international rights by 2017.
The court, however, was not convinced. Judge Furman noted that Peary’s claims were based entirely on foreign laws, not U.S. law.
Jesse Furman, U.S. District Judge, said, “His infringement claims are brought explicitly under the laws of foreign countries, not the laws of the United States.”
Peary also attempted to argue that the case involved the Berne Convention, an international treaty on copyright protections. He said that the treaty requires courts to apply the copyright laws of the country where the infringement happened. However, Judge Furman dismissed this argument as well, saying that the Berne Convention is not “self-executing”—meaning it cannot be directly enforced in U.S. courts without specific legislation.
DC’s ownership of Superman stretches back to 1938. At that time, Joseph Shuster and writer Jerry Siegel sold the rights to Superman for just $130. Superman made his first appearance in Action Comics No. 1, which introduced readers to Clark Kent, his superpowers, and his origin story.
Since then, Superman has often been at the center of legal battles. In 1947, Shuster and Siegel sued DC to try to get back ownership of Superman. That case ended in a settlement, with each creator receiving a $94,000 payout.
In the U.S., copyright laws allow creators—or their estates—to reclaim rights after a certain number of years. However, in Shuster’s case, his siblings entered into an agreement with DC in 1992. They accepted an annual payment of $25,000 in exchange for giving up any future claims to the Superman rights. Later, a federal appeals court upheld that deal.
One remaining question was whether Shuster’s sister had the legal authority to make that 1992 agreement on behalf of the entire estate. Judge Furman did not rule on that issue, deciding instead that he had no jurisdiction over the case.
Warren Peary is represented by Marc Toberoff, a well-known lawyer specializing in copyright termination cases. Toberoff declined to comment on the latest developments.
While Warner Bros. Discovery and DC Comics have won this round, with the lawsuit now moved to New York state court, the legal fight over Superman’s rights may not be finished yet.