Warner Bros. Wins Dismissal in Superman Copyright Dispute

In a recent legal battle over the iconic Superman character, Warner Bros. Discovery (WBD) has secured a significant courtroom victory. The dispute centered on a lawsuit filed in January by Mark Peary, the nephew of late Superman co-creator Joe Shuster. Peary claimed that Shuster’s estate retained the right to terminate Superman’s copyrights in several international jurisdictions, including the United Kingdom, Canada, and Ireland. According to Peary, these foreign termination rights could enable the estate to reclaim control over the Superman intellectual property in those territories, potentially disrupting Warner Bros.’ ability to distribute future films globally.

The complaint further requested a preliminary injunction that would have halted the release of any new Superman content in the named countries until the issue of international copyright ownership was resolved. With Superman being one of DC Comics’ most commercially valuable assets, the timing of this litigation had the potential to jeopardize the rollout of the next major film installment, directed by James Gunn and slated for release in July.

The Court Finds No Jurisdiction

On April 25, U.S. District Judge Jesse Furman dismissed the lawsuit, finding that the federal court lacked jurisdiction over the estate’s claims under foreign copyright law. In a concise ruling, Judge Furman wrote, “The Court concludes that it lacks subject-matter jurisdiction over this case; the case therefore must be and is dismissed.” He further stated that because of the court’s lack of jurisdiction, “Peary’s motion for a preliminary injunction must be and is denied as moot.”

Judge Furman’s order also declined to consider Warner Bros.’ alternative request to transfer the case to another federal district, citing the court’s inability to rule on any aspect of the dispute. The ruling effectively ends the case at the federal level, unless Peary attempts to refile in an appropriate foreign venue.

A Long-Running Fight Over Superman’s Legacy

This is not the first time Shuster’s estate—or that of Superman’s other co-creator, Jerry Siegel—has pursued legal action related to rights ownership. Litigation surrounding Superman’s copyright has persisted since as early as 1947, often involving disputes over termination rights, royalties, and ownership of derivative works. U.S. copyright law permits creators or their heirs to reclaim rights decades after they are transferred, but these laws operate differently—or not at all—outside the United States.

Peary’s latest lawsuit sought to test whether international laws could be used to sever Warner Bros.’ hold over Superman abroad. Although the federal court declined to weigh in, the strategy reflects a broader trend of creators' heirs using termination rights as a mechanism to regain control over culturally significant intellectual property.

Warner Bros. Responds to the Ruling

Following the dismissal, Warner Bros. Discovery issued a statement reaffirming its control over the Superman franchise. “As we have consistently maintained, DC controls all rights to Superman,” a company spokesperson said. The studio has invested heavily in a new era of DC storytelling, appointing James Gunn and Peter Safran to spearhead the relaunch of the DC Universe through a new slate of interconnected films and television series. The upcoming Superman film, starring David Corenswet as Clark Kent and Rachel Brosnahan as Lois Lane, is intended to be the cornerstone of that reimagined universe.

What’s Next for the Estate and the Franchise

Although Peary’s claim was dismissed in the United States, it remains to be seen whether he will pursue legal action in one or more of the foreign jurisdictions referenced in his initial filing. Any such suits would face significant legal hurdles, not least of which is the challenge of establishing standing and satisfying the requirements of foreign copyright termination statutes, assuming such rights even exist in those countries.

Meanwhile, Warner Bros. and DC Studios are moving full steam ahead with the global release of Superman, currently scheduled for July 11. The film also features Nicholas Hoult as Lex Luthor, María Gabriela de Faría as The Engineer, Nathan Fillion as Guy Gardner, and Edi Gathegi as Mr. Terrific. With its legal footing now secure in the U.S., the studio is poised to launch what it hopes will be a successful cinematic reboot of its most iconic superhero.

Law Firms Involved

Warner Bros. was represented by legal counsel from O’Melveny & Myers LLP, a firm with significant experience in intellectual property and entertainment litigation. Legal representatives for Mark Peary were not publicly disclosed at the time of the ruling.