The Siegel Superman decision

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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.

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83 Comments

Jay Carvalho Author Profile Page said:

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

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Jeff Trexler Author Profile Page said:

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!

Carl Author Profile Page said:

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.

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Mark Daniel Author Profile Page said:

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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?

Kevin Author Profile Page said:

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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Kevin Author Profile Page said:

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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hey..... the judge gave the good justice for the Siegel family's rights in Superman....... if you are the regular fan of superman then you know what is right....

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outcme Author Profile Page said:

That is going to be some payout for Superman. wonder if he will get percentage of movie and TV superman revenue. It just goes to show you that steady is the race can be won by the tortoise. Oh, and all the translated language versions abroad.

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Bella Rosa said:

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Copyright law can be quite tricky.

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he son of Jewish immigrants from Lithuania, Siegel was the youngest of six children. His father Mitchell Siegel (née Mikhel Segalovich) was a sign painter who opened a haberdashery and encouraged his son's artistic inclinations. Mitchell died of a heart attack brought on by the robbery of his store, when Jerry was in junior high school. Siegel was a fan of movies, comic strips, and especially science fiction pulp magazines. He became active in what would become known as fandom, corresponding with other science fiction fans, including the young future author Jack Williamson. In 1929, Siegel published what might have been the first SF fanzine, Cosmic Stories, which he produced with a manual typewriter and advertised in the classified section of Science Wonder Stories. He published several other booklets over the next few years.By the way if you have need any helps of seo expert UK for solving seo problem then you may contact at Bidyut Bikash Dhar who also offers Link Building Consulting Services in London, UK. If you are searching keywords like SEO consultant UK, SEO expert UK, Link building UK, Local SEO UK, UK SEO, SEO UK, London SEO, SEO London, SEO company London, SEO consultant London, SEO agency London, web London, UK consultant, UK SEO consultant, SEO services London, SEO services UK, SEO Consulting then call us now at +44.2032866561.But executive staffing can be a lead source for good number of executive jobs. And finding a company that can successfully places people with your kind of skills will be key to success. Basically what kind of position they fill or what types of openings they have can give one an idea of whether it’s worth your time to apply. google adwords is basically Google which allows targeting 10 million people within 10 minutes so how much more impressive a form of advertising can there be. However, success for any business depends on the proper advertisement of a campaign.

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Siegel in 1975 launched a public-relations campaign to protest DC Comics' treatment of him and Shuster; ultimately Warner Communications, DC's parent company, awarded Siegel and Shuster $20,000 a year each for the rest of their lives and guaranteed that all comics, TV episodes (which would eventually include the popular Smallville show), films, and (later) video games starring Superman would be required to credit Superman was "created by Jerry Siegel and Joe Shuster."By the way best dating sites or Internet dating is a dating system which allows individuals, couples and groups to make contact and communicate with each other over the Internet, usually with the objective of developing a personal, romantic or sexual relationship. Online dating services usually provide un moderated matchmaking over the Internet, through the use of personal computers or cell phones. But best online poker is a great place to try one’s luck. You do not have to pay the last money. It becomes really interesting when you play online poker for fun and not to earn money. Many have got a passion to play online casino games. But before you begin to play online casino you need to have proper knowledge about online casino poker strategies.

rose Author Profile Page said:

On March 23, 2006, federal judge Ronald S. W. Lew issued a summary judgment ruling that the Siegel heirs had the right to revoke their copyright assignment to Superboy and had successfully reclaimed the rights as of November 17, 2004. Warner Bros. and DC Comics replied that they "respectfully disagree" with the ruling and will seek review. Warner Bros. and DC Comics filed a motion for reconsideration of Judge Lew's ruling in January 2007. On July 27, 2007, federal judge Larson (who had replaced Lew upon his taking "senior status") issued a ruling reversing Judge Lew's ruling that the Siegel heirs had reclaimed the rights to Superboy.If you have need any helps of Seo Services then you may contact at Professional SEO company in the London, UK. Use our SEO services offers to rank your website into top 10 positions on Google, MSN, Yahoo and other search engines. And Epos Software , pos software, epos system, pos system, restaurant pos software, hotel software, restaurant pos, point of sale, Membership Software available with very affordable price rates. Best choice for choice for pos restaurant software, restaurant management software, restaurant pos software worldwide. Leading IT Recruitment Agency
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