New DC Comics Lawsuit Could Mean Big Trouble For James Gunn's Superman

A new lawsuit is threatening to upend the release of director James Gunn's highly anticipated "Superman" movie this summer. Gunn, known for directing the "Guardians of the Galaxy" trilogy as well as "The Suicide Squad," is now the co-head of DC Studios at Warner Bros. He and producer Peter Safran are gearing up to reboot the DC Universe, with "Superman" serving as a centerpiece of the endeavor. Now, the estate of one of the superhero's co-creators has thrown a wrench in the gears.

According to Deadline, the estate of Joseph Shuster, who co-created the character alongside Jerry Siegel in the pages of 1938's "Action Comics" #1, has filed a suit in New York claiming that Warner Bros. doesn't have the rights to release "Superman" in several countries around the world. Mark Warren Peary, executor to the estate, is seeking "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."

That's a lot of legal speak but, essentially, Peary is suing on behalf of the estate, suggesting that Warner Bros. does not control the rights to "Superman" in several countries. The timing could not be worse, as "Superman," which released its first trailer in December, is set to hit theaters in July. A spokesperson for Warner Bros. Discover said, "We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights."

For the moment, it's unclear how things are going to play out, nor is it clear how much the estate is seeking in damages. But the lawsuit is requesting a jury trial. The suit claims, "defendants' acts of direct infringement have been willful, intentional, and purposeful, in wholesale disregard of and indifference to the rights of Plaintiff." The suit further asserts that the amount will be determined at trial.

"As a direct and proximate result of Defendants' infringement of the Work's copyrights and exclusive rights, Plaintiff has been injured in an amount to be determined at trial, inclusive of Plaintiff's actual damages and Defendants' profits."

This is far from the first time the rights have been at issue over the years. Siegel and Shuster signed over worldwide rights to the character in 1938 for $130. Various legal disputes have sprung up ever since. In 2009, for example, before production on "Man of Steel," a court ruling awarded Jerry Siegel's estate 50% of the rights to Superman.

This new suit hinges on copyright law in several countries. Shuster's passing in 1992, per the suit, should have started a clock on a 25-year time limit in regards to the "Superman" rights in the countries listed. "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," the suit states. Diving further, the filing alleges that the foreign rights should have reverted to Shuster's estate years ago:

"Shuster died in 1992 and Siegel in 1996. 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). Yet 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."

Suits like this can cause real problems. Squabbles over the "James Bond" rights held up "GoldenEye" for a handful of years in the '90s. There are numerous other examples in Hollywood history. For Warner Bros., this lawsuit arrives at an awkward time, as the global marketing campaign for Gunn's film is already well underway. Whether or not the suit would stop the release is unclear, but the gears of the legal system do tend to grind slowly.

The biggest issue is that Gunn, Safran, and WB are using "Superman" to set up the entire DC Universe. It's more than just a single movie. That being the case, there is a possibility that the studio could settle with Shuster's estate out of court just to avoid any potential derailing of the release. If the case doesn't settling, things could get messy in the coming months.

"Superman" is set to hit theaters on July 11, 2025.