The Siegel Superman decision
UPDATES: For more, check out my initial FAQ and my subsequent series on the case over at Blog@Newsarama.
This is the big one. The judge has issued a ruling in the case regarding the Siegel family's rights in Superman. It doesn't resolve all the issues--for example, this does not address the Superboy issue, which is a separate case. However, it does award the heirs copyright in the Superman material in Action Comics number 1 (the judge uses the term "Vol. 1", but that's only a reference to the first issue.).
Here's the stirring conclusion:
After seventy years, Jerome Siegel’s heirs regain what he granted so long ago – the copyright in the Superman material that was published in Action Comics Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman copyright.
If you read the opinion, you'll note a number of references to the treatise on copyright written by William Patry. Patry, now Google's legal counsel, offers a crisp write-up of the opinion on his blog, along with an homage to Jewish comic book creators of the golden age. The key takeaway from a legal perspective is the following:
The dramatic sounding nature of the final paragraph of the opinion has to be put in context though. The opinion doesn’t cover Shuster’s interests, which are not subject to Section 304(c) termination, but rather a future 304(d) termination. Nor does the opinion reach the work for hire question for anything after the (justly famous and important) Action Comics Vol. 1 published on April 18, 1938 – the collateral estoppel applied on work for hire only covers Action Comics Vol. 1. Finally, there are very thorny issues of apportionment. All of these issues are likely to be the subject of subsequent motions and possibly trial.
Still, despite its limited scope and remaining unfinished details, this is a historic ruling rich with symbolic significance. And in a poignant coincidence, the judge issued his order on the same day that Grant Morrison's homage to Siegel and Shuster in All Star Superman #10 hit the stands.
Jeff,
Great post! Were you following this because of the historic legal decision or because you are a comic book fan as well?
Cheers
JL Carvalho
Founder
The Canadian Social Entrepreneurship Foundation
www.csef.ca
"How many miles away is a social entrepreneur from you?"
More than latter than the former, really--I've been reading comics for decades and have followed comics cases for almost as long.
The Siegel case is one that has interesting connections to social entrepreneurship, particularly in regard to corporate social responsibility and more generally corporate ethics. I will probably chat more about that soon.
And in answer to the question in your sig, here I don't think you can walk half a block without tripping over one--they're everywhere!
My favorite sentence in the decision: "The Court thus concludes that defendants may continue to exploit the image of a person with extraordinary strength who wears a black and white leotard and cape."
It's also worth mentioning that if you want a digital copy of Action Comics #1 in its entirety (well, all the parts by Siegel and Shuster), you can get one by downloading this decision.
Good post….thanks for sharing..
Interesting one. From this post I have found some links with our living world. The story of Superman is so much old and I thought that the inventor of this magical platform definitely passed away. But I was wrong, thanks for sharing.
As a active member of a renowned SEO Company I visit many sites, but did not get such giant news. Can you give me the picture of the current situation of this case?
Interesting one. From this post I have found some links with our living world. The story of Superman is so much old and I thought that the inventor of this magical platform definitely passed away. But I was wrong, thanks for sharing.
As a active member of a renowned SEO Company I visit many sites, but did not get such giant news. Can you give me the picture of the current situation of this case?
Budget SEO This had a little of everything; comedy and drama both. I'll be stopping by here more often :D
Budget SEO This had a little of everything; comedy and drama both. I'll be stopping by here more often :D
Oh! that's sounds interesting my friend. As I have said before that I thought no one is alive connected with the great comics, but I was wrong. I have shared your post with my friends and they also find it interesting. thanks for giving such great topic to discuss. Oh! just forgot to tell you that recently have joined a renowned car paint repair service company, it offers their services in a very cheap rate.
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Trying to keep who owns what and who has the rights to what can become a big, foggy mess sometimes. I think on this one, though, it's pretty darn clear. What were they thinking?
Hi,
I have already looked at Blog@Newsarama, it sounds interesting. I have tried to dispatch a comment on this post, but unfortunately I was failed. Think it was a technical fault, hope will be able soon. Here I must say you have done a good research on Comic World News.
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Hi,
I have already looked at Blog@Newsarama, it sounds interesting. I have tried to dispatch a comment on this post, but unfortunately I was failed. Think it was a technical fault, hope will be able soon. Here I must say you have done a good research on Comic World News.
Actually I have connection with a renowned debt settlement Charlotte attorney. So I was searching some unique cases, then I found yours and like it. Thanks for sharing...