Superman Heirs Seek To Pull Warner Bros Back To Court In Copyright Battle

DJP LEGAL BADGEYou got to give lawyer Marc Toberoff points for perseverance. Just under three weeks after the 9th Circuit Court of Appeals handed Warner Bros its seemingly final significant piece of the Superman copyright pie, the lawyer for the Man from Krypton co-creator’s heirs now wants a rehearing of the November 21 opinion by superman-comic-30-2__121011182348-2-2__130321233701__130405012002-1__130419004954either the panel itself or the full court. “The Opinion warrants rehearing or rehearing en banc because it contravenes Congress’ clear objectives, and this Court’s carefully-circumscribed decisions,” says the 43-page petition (read it here) filed Tuesday, citing the 1976 Copyright Act. Last month’s 2-1 opinion reaffirmed a District Court decision supporting DC Comics and its corporate parent WB’s position that Mark Peary of Joe Shuster’s estate couldn’t file a copyright termination notice in 2003. WB claimed that a 1992 agreement with Shuster’s siblings, in which they were to be compensated $25,000 a year for life, already delivered all their Superman rights to the company. Leaning heavily on dissenting Judge Sidney Runyan Thomas’s opinion, Toberoff and fellow attorney Keith G. Adams say it isn’t that simple.

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This article was printed from https://deadline.com/2013/12/superman-heirs-appeal-warner-bros-marc-toberoff-651751/