WGSH possible Superman loophole

[Colf72]

I know nothing about the law but it looks like DC may be losing exclusive control over Superman, see here (just click skip this add)

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Maybe EMCE or even Captain Action could manage to get a license for some toys?

Oh, and good for the families of these two gifted men. I only wish they were still around to see and enjoy it. It's a real shame how much money has been made and how so little big business is willing to share the wealth. Ironic that Superman stands for truth, justice and the American way. I don't think this is the American way they had in mind. Too bad that car in Action Comics #1 wasn't filled with Time/Warner execs.

[The Bat]

VERY interesting!

[zeedox]

EMCE 1st Appearance Superman!

I don't know about the rest of you mego collectors, but superman is definatly the leader of the shelf around here. At least with the WGSH...

[jemboy2004]

yes I'd love emce 1st app. superman, super friends superman, Lois Lane, Jimmy, Lex, Brainiac, and of course Supergirl! 1st app. would be really cool!! and any other's we could get from superman would be so cool!

[The Toyroom]

I know nothing about the law but it looks like DC may be losing exclusive control over Superman

I'm no legal expert but there's more to it than that...pretty much to my understanding DC and the Siegel Estate would have to act in conjunction...neither party can act unilaterally. And the Siegel Estate was given the copyrights to "Action Comics" #1 and everything contained therein (since they had created the work BEFORE taking it to DC (then National). But it doesn't give them creative rights over the REST of the Superman mythos...just stuff based off of "Action" #1.

Oh, and good for the families of these two gifted men. I only wish they were still around to see and enjoy it. It's a real shame how much money has been made and how so little big business is willing to share the wealth. Ironic that Superman stands for truth, justice and the American way. I don't think this is the American way they had in mind. Too bad that car in Action Comics #1 wasn't filled with Time/Warner execs.

Yes DC (Time/Warner) has made money over the years with Superman but IMO nobody held a gun to Siegel and Shuster's head and forced them to sign. Obviously the suits at National back then had no idea either that this character would still have legs after 70 years. Yes S&S created Superman, Clark Kent and Lois Lane but the majority of the stuff that makes Superman cool came after "Action Comics" #1 (Lex Luthor, Brainiac, the power of flight, x-ray vision, Fortress of Solitude, yada yada yada) and S&S had nothing to do with that.

[jemboy2004]

toyroom you just ruined my dreams of a 1st app. supergirl from emce! It was nice while it lasted.

I would still love 1st app. superman and lois lane and even a nice emce clark kent but with the big co. still having 50/50 control it's still unlikely.

[Earth 2 Chris]

Look for Warners to fight this, and if they can't, drive a big truck full of money up to the Siegel's house for sole control over Superman.

I'm with Anthony on this. I've read a lot about this over the years. It's unfortunate that S & S ended up like they did, BUT they were well-paid for their time during their initial Superman work and had it made until they sued DC for the ownership of Supes. Of course DC showed them the door after that. I'm not saying DC was right to do that, but it's not as cut and dry and "big corporate vs. the little guy" as it seems.

Chris

[UnderdogDJLSW]

There are tons of stories on both sides, including S & S working as ghost writers/artists for Superman in later years for no credit, etc. But I think the constant re-telling/re-design of superboy has a lot to do with the legal issues that DC has gone through with that version of the character recently. So without sounding too "glass half-empty" this could also see a reduction of Supes merchandise, too.

[toys2cool]

I wish,but I doubt it

[txteach]

Sounds like a couple of families that want to get paid. I agree that no one forced them to sell their Idea. Now all of a sudden the group with foresight (Timewarner) is the bad guy? How? For buying something they thought would work? Sounds to me like the heirs of these two gifted men are the greedy ones. And why should timewarner share the money they made on the name? Once I sell my house I can't get it back if oil is struck on the property at a later date.

[Captain]

Wasnt Joe Simon having similar issues with Marvel over Captain America? Too bad he didnt get a deal like this before the caps dead fiasco of late!

[The Toyroom]

Sounds like a couple of families that want to get paid. I agree that no one forced them to sell their Idea. Now all of a sudden the group with foresight (Timewarner) is the bad guy? How? For buying something they thought would work? Sounds to me like the heirs of these two gifted men are the greedy ones. And why should timewarner share the money they made on the name? Once I sell my house I can't get it back if oil is struck on the property at a later date.

Exactly! Let's look at it this way...obviously the success of Superman owes more to what National/DC/Time Warner did with the property than the original concept created by Siegel and Shuster. If not, then how come S&S weren't able to capture lightning in a bottle a 2nd time? Yes, Siegel co-created The Spectre (with Bernard Bailey I believe) and the derivative Superboy but they weren't cranking out the concepts successfully like a Lee & Kirby. Or even a Bob Kane who had a "hand" in his creation (how much of which is still the subject of debate) a lot longer than S&S. I think National saw the potential the Superman character could have began to market him accordingly and flesh out his backstory and create a vast universe for him to play in, beyond the initial concept that was SOLD to them. It could've went the other way and they woulda been out $150 (or whatever the rights were sold for) and had a dead property. But because of their foresight they should be penalized? Smells crappy to me!

[jwyblejr]

Hasn't this been going on since the 70s? I doubt it'll be resolved anytime soon.

[Earth 2 Chris]

Once I sell my house I can't get it back if oil is struck on the property at a later date.

That's a great analogy teach. I've never heard it put better.

My money-grubber alarms have went off all along with this case, every since Siegel passed away.

Chris

[Red Catchup]

Actually, it's not all that great an analogy.

Using that analogy, teach would have sold his house and missed out on the oil profits, true. But given the property laws at the time of sale, the new owners would only profit from the house for 56 years, at which point the house would belong to everybody (public domain). If the property laws extended the new tenants' ownership of said house after the fact, the original seller (or his heirs) would be within his/her/their rights to terminate his/her/their part of the original contract and renegotiate the terms of sale with the current owners (if either party is still interested in the property). This renegotiation could occur each time the property laws are amended to automatically extend the current owners' period of ownership.

Intellectual property isn't the same as real estate. You can buy another person's house. You can only rent someone else's idea. And given the type of "rent control" DC/Time-Warner has enjoyed on this particular property over the past 70 years, it's hard to shed too many tears for them over this case.

By the way, long-time lurker, first-time poster. I usually love what I read on these boards (it's tough to find a fan BBS where everyone is generally so positive and enthusiastic about their shared hobby) but I find the resentment over this decision befuddling. If Jerry and Joe were paid millions for Superman back in '38 (a small fraction of what their character would be worth from then until 1994) would Joe's heirs catch as much heat from than fan community for being included in his will? I just don't get it.