Court Hands Warner Bros A Victory In Superman Copyright Case

Warner Bros got big judicial boost today in the case about who really owns the rights to Superman. First, the Court of Appeals Ninth Circuit unanimously rejected an attempt by Marc Toberoff, the lawyer for the estates of Superman’s co-creators, to use attorney-client privilege to keep documents pertinent to the long-ongoing copyright case secret. Then, while noting it wasn’t a matter before the court in this instance, Judge Diarmuid O’Scannlain took the rare step of specifically noting the “ethical and professional concerns raised by Toberoff’s actions” in playing the role of both lawyer and business adviser for the estates of Superman creators Joe Shuster and Jerry Siegel.

Related: Warner Bros/DC Comics Sues Superman Copyright Lawyer

Toberoff has wanted to deny the studio legal use of material that Warner Bros claims clearly shows there was a competing joint venture between the heirs and Toberoff’s Pacific Pictures to eventually produce a new Superman movie among other things. Toberoff had cited attorney-client privilege on documents that had been stolen from his office in 2006 by former associate David Michaels and given to Warner Bros. In 2010, in the midst of his battles with the studio, Toberoff granted a “selective waiver” of the confidentiality privilege to the U.S. Attorney’s Office’s investigation of Michaels’ theft. O’Scannlain, writing the 16-page opinion for the three-judge panel, said, “given that Congress has declined broadly to adopt a new privilege to protect disclosures of attorney-client privileged materials to the government, we will not do so here.”

Related: WB Vendetta Against Superman Copyright Lawyer Relying On Stolen Files (more…)

This article was printed from https://deadline.com/2012/04/superman-copyright-case-warner-bros-marc-toberoff-appeals-court-257824/