Today the seemingly endless Superman heirs copyright suit might have truly leaped its final bound. Just over a month after lawyer Marc Toberoff petitioned the 9th Circuit Court of Appeals for a rehearing of its November 21, 2013 opinion in favor of Warner Bros, the court has said no. “The panel has voted unanimously to deny the petition for rehearing,” said the order issued today. In saying no, the 9th Circuit closed the door on any more requests from the heirs of Superman co-creator Joe Shuster. “The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained,” said the one-page order. Long story short: That’s the end of the road for Toberoff and the Shuster heirs.
The December 10, 2013 2-1 opinion reaffirmed a District Court decision supporting the position of DC Comics and its corporate parent Warner Bros that Mark Warren Peary of Shuster’s estate couldn’t file a copyright termination notice 11 years ago. WB claimed a 1992 agreement with Shuster’s siblings, in which they were to be compensated $25,000 a year for life, already delivered their Superman rights to the company.