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Tue Dec 1
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So other than Golden Age Superman properties, DC still has total reign over everything else?
Doesn't sound like they lost that much except in the way of publishing collectors' treasuries.
I think a more interesting question though is whether or not this will affect the ability for current writers to draw upon and reference those stories.
Like with Morrison who generally likes to do the 'everything is and was canon' approach and regularly lifts from/ reworks obscure articles from the Golden Age.
@omgwtflolbbqbye: DC can continue publishing anything not reclaimed by the Siegels. But anything new involving Superman would be an infringement of the Siegels' copyrights because it is derivative of the works they own rights in. This applies to any writers.
Just another chapter in the long, sordid history of creators' rights. When Siegel and Shuster created Superman , they were naive kids with no idea how to protect their rights. Their mistake (selling the rights for $100) set a pattern that screwed over comic book creators for decades until the idea of creator owned comics finally came about in the late 80s and 90s. If you ever wondered why Alan Moore comes across as so angry, he's one of many comic creators who was dicked around when it came to his rights.
DC isn't going to lose the rights to Superman just the material listed in the judgment. I guess the current execs of DC Comics wish their predecessors had treated Siegel and Shuster better when they were alive. Ironically, it was giant media companies like DC that originally pushed Congress to extend copyrights -- as a way to protect copyrights they held. Now it seems that those extended copyrights are going to benefit Siegel's heirs for years to come. I believe copyright is death + 70. Jerry Siegel died in 1996.
@Bill-Lee: Copyright terms are not calculated the same way for works published prior to 1977. Life +50 (subsequently increased to Life +70 in 1998) was not the law until the Copyright Act of 1976 went into effect in 1977. The term is calculated for works published prior to 1977 as publication +95 years (assuming other technical requirements have been met). So the copyright for Action Comics No.1, published in 1938, expires in 2034.
For some reason I think when Siegel and Shuster sold Superman to the then Detective Comics for $130, they thought "nice we got $130 for selling this character" and not "we sold the character BUT NOT (1) Action Comics No. 1 (subject to the limitations set forth in the Court's previous Order); (2) Action Comics No. 4; (3) Superman No. 1, pages three through six, and (4) the initial two weeks' worth of Superman daily newspaper strips."
But it really wasn't the idea of the heirs. I wish Siegel and Shuster would have made Superman "open source" (or it's equivalent) so we all could do with it as we wished and create all sorts of abominations... You know? Like the Smallville writers have?
@AngryEddy: Made more ironic in Kingdom Come after he tried to put Magog on trail for killing the Joker. The jury found Magog not guilty and Superman became a recluse. The American justice system has screwed him a few times.....what a shame.
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@AngryEddy: Im sorry....news on the BBC website shows that Apple Pie went on trail yesterday for burning the upper lip of an adorable old lady. Oh....bugger!!
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"Losing control," no. Paying the Siegel and Shuster heirs something resembling fair market value for the original superhero from whom all others arose, yes.
@Rasselas: I don't think it's that simple...fair market value today or fair market value in 1938? is the the 'value' of Superman a direct result of the sole efforts of Jerry Siegel and Joe Shuster? or the efforts of the company that is now DC? or both?
I'm all for creators rights, but this is getting a little crazy...
@goldfarb: The question is if you cheat someone out of the sapling, then nurture it into a tree, what right does the victim have when the fruit is ripe?
@dlomax: were they 'cheated' at all? AFAIK they were paid, $130 upfront then $75K/year...
what's amusing about this whole thing is that even if they get the rights back, DC holds the trademarks on a ton of stuff related to Superman - including the 'S'...
it's a mess.
Do you have any idea how much money $75000 was back then in 1938?
$ 1.127 million in 2009 dollars.
They never got that.
They got 135$ + a 10 year contract + $35 per page + half the net profit on comics.
$0 from EVERYTHING else.
Later, when they sued in 1946 they lost, got kicked out in the street, but later settled for $94000 ($ 1.018 mill. today) - for selling Superboy.
From then on they had NO money from ANYTHING Superman.
Even their names were no longer attached to the byline.
In 1975. WB felt sorry for them and gave them a handout of $20,000 per year + health care benefits.
That would be about $78000 in today's money - only their pensions never got adjusted for the next 15-20 years they lived.
First Superman movie alone grossed $300 million - $973 mill. today.
@Denza Car: There is, of course, a big chicken or the egg argument here as well, though.
Could DC have treated the creators of their biggest property more generously? Absolutely. And they should have. But looking at it through the filter of the 1930s and business practices of the time is incredibly challenging.
First, DC made a deal, probably similar to thousands of deals made in those days. 99% of things written got published and died. This one just happened to be much bigger than that.
Second, the argument can quite easily be made that DC created what Superman ultimately BECAME through investment of time, money and resources in publishing and growing the character. Without DC, could Siegel and Shuster have made more money? Could they have ever self-published to the point that it would have made the millions it did? Who knows? Without the backing of a publisher like DC, it may have been a flash in the pan and never gained much attention like so many comics of the day.
All pointless speculation, of course, but my point is that it all happened a long, long time ago - sorting through it all 70 years later is just making a lot of lawyers wealthy and resolving very little.
@Denza Car: Siegel and Shuster largely cheated themselves. Shuster wanted to get a lawyer to help them deal with DC (then National Publications), but Siegel talked him out of it. Bob Kane, meanwhile, had a lawyer and died well-off. The lesson: Never make a business deal, especially involving intellectual property, without a lawyer or agent.
What's interesting about this case is that if Shuster/Siegel get the copyright for Action Comics #1, who gets the rights to the derivative works? Supergirl, the Fortress of Solitude, Superboy, Krypton and Kryptonite, Lex Luthor and tons of other things came after Action Comics #1. Heck, even the "S" pentagon and the red boots came later.
If Shuster/Siegel win, they can't use those ideas, and DC will probably be barred from using some of them as well. Can you imagine reading a Superman comic put out by another publisher where he has the triangle "S" and can't fly?
@drdoombot: I was wondering that, too. In the early 80s, Rankin-Bass made a cartoon version of The Hobbit, while Ralph Bakshi had the film rights to Fellowship of the Rings and The Two Towers. Rankin-Bass made an unspeakably horrific cartoon version of Return of the King which referenced The Hobbit but pretended Fellowship and Two Towers never happened. It was awful. I wonder if that sort of crazy would happen with Superman.
The thing I don't understand, though--why are they making Superman stuff? After the Bakshi/Rankin-Bass thing, there was a dispute over who actually had film rights to LOTR for a good long time. Nobody did anything with the property because it was uncertain. If Superman's ownership is unclear, why are they making things like Smallville and cartoons and stuff?
What I'm not fully understanding is the point to all this.
If it's about the money, surely the estates of Siegel and Shuster realize that once they own the copyright outright, if they start asking for ridiculous terms and payment, DC could just drop Superman from continuity. No DC, no sales. No sales, no money, and Superman is now a worthless property.
And if DC drops it, what studio in their right mind would option it for a movie?
@Dunny0: Um every single movie studio working? You do realize Superman is one of the biggest pop culture icons in the world? There are three things you can go anywhere in the world and have them recognized: Mickey Mouse, Coca Cola and Superman. Warners will pay like they pay others normally for licensing, because some money is better than no money.
@NotArthurPDragon: I would think Warners would be a bit shy after the whole Watchmen thing, and the fact that the last Superman movie didn't go over very well.
Who disguised as Clark Kent, mild mannered reporter for a great metropolitan newspaper, fights a never ending battle for truth justice and patent obfuscation.
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Doesn't sound like they lost that much except in the way of publishing collectors' treasuries.
I think a more interesting question though is whether or not this will affect the ability for current writers to draw upon and reference those stories.
Like with Morrison who generally likes to do the 'everything is and was canon' approach and regularly lifts from/ reworks obscure articles from the Golden Age.
08/14/09
08/14/09
Seems like the Siegels only own copyright over specific volumes of work published before the rights were sold to DC...
08/14/09
DC isn't going to lose the rights to Superman just the material listed in the judgment. I guess the current execs of DC Comics wish their predecessors had treated Siegel and Shuster better when they were alive. Ironically, it was giant media companies like DC that originally pushed Congress to extend copyrights -- as a way to protect copyrights they held. Now it seems that those extended copyrights are going to benefit Siegel's heirs for years to come. I believe copyright is death + 70. Jerry Siegel died in 1996.
08/14/09
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I'm all for creators rights, but this is getting a little crazy...
08/14/09
Hmm. Now I want an orange.
08/14/09
what's amusing about this whole thing is that even if they get the rights back, DC holds the trademarks on a ton of stuff related to Superman - including the 'S'...
it's a mess.
08/14/09
08/14/09
Do you have any idea how much money $75000 was back then in 1938?
$ 1.127 million in 2009 dollars.
They never got that.
They got 135$ + a 10 year contract + $35 per page + half the net profit on comics.
$0 from EVERYTHING else.
Later, when they sued in 1946 they lost, got kicked out in the street, but later settled for $94000 ($ 1.018 mill. today) - for selling Superboy.
From then on they had NO money from ANYTHING Superman.
Even their names were no longer attached to the byline.
In 1975. WB felt sorry for them and gave them a handout of $20,000 per year + health care benefits.
That would be about $78000 in today's money - only their pensions never got adjusted for the next 15-20 years they lived.
First Superman movie alone grossed $300 million - $973 mill. today.
They got cheated alright.
08/14/09
Could DC have treated the creators of their biggest property more generously? Absolutely. And they should have. But looking at it through the filter of the 1930s and business practices of the time is incredibly challenging.
First, DC made a deal, probably similar to thousands of deals made in those days. 99% of things written got published and died. This one just happened to be much bigger than that.
Second, the argument can quite easily be made that DC created what Superman ultimately BECAME through investment of time, money and resources in publishing and growing the character. Without DC, could Siegel and Shuster have made more money? Could they have ever self-published to the point that it would have made the millions it did? Who knows? Without the backing of a publisher like DC, it may have been a flash in the pan and never gained much attention like so many comics of the day.
All pointless speculation, of course, but my point is that it all happened a long, long time ago - sorting through it all 70 years later is just making a lot of lawyers wealthy and resolving very little.
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If Shuster/Siegel win, they can't use those ideas, and DC will probably be barred from using some of them as well. Can you imagine reading a Superman comic put out by another publisher where he has the triangle "S" and can't fly?
07/10/09
The thing I don't understand, though--why are they making Superman stuff? After the Bakshi/Rankin-Bass thing, there was a dispute over who actually had film rights to LOTR for a good long time. Nobody did anything with the property because it was uncertain. If Superman's ownership is unclear, why are they making things like Smallville and cartoons and stuff?
07/10/09
07/10/09
07/10/09
07/10/09
If it's about the money, surely the estates of Siegel and Shuster realize that once they own the copyright outright, if they start asking for ridiculous terms and payment, DC could just drop Superman from continuity. No DC, no sales. No sales, no money, and Superman is now a worthless property.
And if DC drops it, what studio in their right mind would option it for a movie?
07/10/09
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07/10/09