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Splitting Superman: The Siegel Victory

Last Wednesday, Judge Stephen G. Larson of the United States District Court, Central District of California handed down an historic ruling in the legal battle over Superman. As of right now, the heirs of Jerry Siegel—his widow Joanne Siegel and daughter Laura Siegel Larson—are co-owners of Superman as depicted in Action Comics #1, and have been since 1999. DC Comics and its parent company, Time Warner, own the other half. Maniacs should know that the ownership of the Man of Steel has stood in various stages of dispute since 1946, when creators Jerry Siegel and Joe Shuster sued National Allied Publications—the predecessor to DC Comics.[1] Ultimately, the two worked in and out of comics, living in relative poverty, unsuccessfully suing for the rights to Superman again in 1967. It was only in 1975 that, outraged by the publicity surrounding the forthcoming Superman: The Movie, Siegel campaigned against Shuster’s and his neglect by DC and its parent company, Time Warner. The media conglomerate compensated Siegel and Shuster with a lifelong pension and a perpetual credit for Superman’s creation in all of his appearances. 

But, like the Man of Steel’s ongoing adventures, more twists and turns followed. From our friends at Newsarama, quoting Judge Larson’s decision: “The Copyright Act of 1976 gave authors and their heirs ‘a chance to retain the extended renewal term in their work and then re bargain for it when its value in the marketplace was known.’[2] According to Jeff Trexler of Uncivilsociety.org, “That provision allowed creators to terminate the assignment of copyright executed before January 1, 1978, unless the copyright was in a work made for hire.” Effectively, this gave artists of older works the opportunity to benefit from the success of their creations, once the success and cultural impact became clearer, but not in the case of works-for-hire. As most Maniacs know, in a move with disastrous unforeseen consequences, Siegel and Shuster sold the rights to the 13-page comic story that would become Action Comics #1, hence Superman himself, for $130. The two originally intended to sell the story as a series of newspaper strips, but DC had them reformat it as a comic book, making minor changes to the layout and story. In the case in question, DC and Time Warner contended that the alterations made Action Comics #1 a work-for-hire, and not a complete work purchased from its creators. Unbeknownst to anyone, those creators—or their heirs, in this case—would have the ability to re-bargain the rights to that work 40 years later. In 1997, Siegel’s heirs filed to terminate the transfer of copyright from him and Joe Shuster to National Allied Publications. Now, Judge Larson has upheld that termination, with one stipulation—the cover to Action Comics #1 was not part of the original story sold to National, and remains the property of DC and Time Warner. Now, that company retains co-ownership of Superman. Joe Shuster’s estate has filed a similar claim for when the character officially moves into public domain—75 years after his first date of publication. Shuster has no heirs, per se, that would be able to pursue Superman’s copyright in the same way that the Siegel’s had, pursuant to the 1976 law. If Shuster’s estate succeeds, Superman may no longer be owned by DC or Time Warner.

Needless to say, this decision means a great deal to both parties involved. Barring a successful appeal, Time Warner will owe the Siegels a great deal of money. However, the ruling has several caveats that may not stand out among the exuberant headlines about creators’ rights. Joanne Siegel and Laura Siegel Larson only co-own the copyright to Superman himself, which entails, according to Newsarama, again quoting Judge Larson’s decision, “’Superman’s name, his alter ego, his compatriots, his origins, his mission to serve as a champion of the oppressed, [and] his heroic abilities in general,’ and more particularly ‘the entire storyline from Action Comics, Vol. 1, Superman’s distinctive blue leotard (complete with its inverted triangular crest across the chest with a red ‘S’ on a yellow background), a red cape and boots, and his superhuman ability to leap tall buildings, repel bullets, and run faster than a locomotive.’” [2] It also does not, as of right now, give Siegel’s heirs the rights to any profits made overseas, or from any profits generated by licenses prior to 1999. Whether they will see compensation from derivative works created after 1999 is unclear, but likely unresolved. It also does not compensate them for works generated strictly from the Superman trademark, such as stickers or posters. Additionally, they have no claim over aspects of the character’s world created after Action Comics #1. Lex Luthor, Kryptonite, the Phantom Zone, General Zod and a host of other familiar tropes were created later. No doubt, those issues will be resolved in future rulings, but the explanations are far too laborious for an entertainment column. For now, Siegel’s heirs co-own Superman and have as much right to use the character as Time Warner. Each must account to the other for their use and licensing of the character and split the profits from those uses.[3] 

The obvious question on every Maniac’s mind is the future of Superman in print. For now, the Man of Steel will continue to fight for truth, justice, and the American way in the pages of Action Comics and his plethora of other titles. It just means that, barring a successful appeal, Time Warner will have to split the profits from Superman’s comic book appearances—but not necessarily, for instance, a Lex Luthor miniseries where the Man of Steel doesn’t appear. If Joe Shuster’s estate reclaims the rights the character in 2013, that could imperil the future of the character in print at DC. But, Time Warner certainly won’t go quietly into the night, and would exhaust all possible avenues to reclaim the character. Barring that, the Siegels and Shusters would undoubtedly facilitate the continued publication of the character. However, those hypothetical efforts couldn’t include those elements to which DC and Time Warner still own the copyright.

Fan reaction to this ruling has run the gambit from exuberance to outright scorn towards the Siegels. Those happy about the ruling cheer as usual about a victory for creators’ rights in an industry that long neglected and exploited its talent. Those opposed to it claim that because Siegel and Shuster willingly sold their creation, they and their heirs have to live with the decision—particularly in light of the other compensation the two received later in life. The contrast between Jerry Siegel and Joe Shuster’s personal declines, contrasted with Superman’s success, has haunted the history of American comic books for decades. The credit and financial compensation the two received in 1975 ultimately seems like a Band-Aid on a shotgun wound, in retrospect. While the hardhearted can point out that the two young men willingly sold their rights away in 1938, the Copyright Act of 1976 addresses such situations. No creator can know what sort of success their work will be, and no one could’ve foreseen the impact of Superman. One might feel that Siegel and Shuster reaped what they sowed, but the law says otherwise. Read that again. No one in their right mind could blame the two’s heirs and estate, respectively, for attempting to profit from the success of such an important character.

As it stands now, the decision by Judge Larson will likely inspire future claims for comics' oldest characters by the heirs of their creators. It is difficult to generalize on the long and troubled fight over creators’ rights that has tainted American comics. The story usually depicts a naïve comic creator who signs his rights away to a character for a paltry sum. Then, the evil publisher profits enormously by the character for years and leaves the creator destitute, eating Spam somewhere in an alley with a needle in his arm. These problems occurred because of so many ill-defined working arrangements prior to 1978, when written work-for-hire agreements became the norm. Now, a creator has to willingly consent to release their work, derivatives of it, and the right to license it. Anyone can get screwed, but the law makes you screw yourself. In the wake of the troubles faced by Siegel and Shuster, Jack Kirby, Joe Simon, and so many others, the comic industry has gone to great lengths to protect itself from future troubles. In some cases, it has actively moved to rectify past misdeeds, as in the case of the Hero Initiative—formerly ACTOR (A Commitment to Our Roots), which gives financial assistance to comic creators in need. 

Given the legal and moral issues surrounding the sale of Superman in 1938—and the rights granted by the 1976 law—it seems like justice has been served. Many issues remain unresolved surrounding this case and others like it. To some, it may seem like the two young men sold their creation and should have no recourse. But, the distinction between a complete work sold and a work made-for-hire makes all the difference, and the law has allowed Jerry Siegel’s heirs to honor his memory in a greater way than he ever was in his life. 

[1] Jerry Siegel. (2008, April 1). In Wikipedia, The Free Encyclopedia. Retrieved 05:48, March 31, 2008, from http://en.wikipedia.org/w/index.php?title=Jerry_Siegel&oldid=202711009

[2] Bondurant, Tom (2008). An analysis of the Action #1 ruling. Retrieved March 31, 2008 from Newsarama: http://forum.newsarama.com/showthread.php?t=151819

[3]Trexler, Jeff (2008). A Siegel Superman copyright decision FAQ. Retrieved March 31, 2008 from Uncivilsociety.org: http://uncivilsociety.org/2008/03/a-siegel-superman-copyright-de.html

The Spinner Rack

By Ben Johnson and Kurt Amacker

Kurt: Guys, just remember that I’m not a lawyer. If I got something wrong in this week’s Comicscape—and if you know what you’re talking about—e-mail me at kurtamacker@yahoo.com and I’ll fix it.

Ben: Poop jokes ahoy!!!

DARK HORSE COMICS

Abe Sapien The Drowning #3 (Of 5) $2.99

Batman Grendel New Ptg TP $19.95

Buffy The Vampire Slayer #13 $2.99

Oh My Goddess Rtl Tp Vol 08 $10.95

Path Of The Assassin Vol 10 TP (MR) $9.95

DC COMICS

Action Comics #863 $2.99

All New Atom #22 $2.99

American Splendor Season Two #1 (Of 4) (MR) $2.99

Ben: Because calling it “volume” is so 2005.

Kurt: Yeah, this is about as lame as anything called “Ultimate,” “Final,” “Secret,” or “Astonishing.” Oh, wait.

Countdown Special Kamandi 80 Page Giant $4.99

Countdown To Final Crisis 4 $2.99

Ben: Oh good God, please let DC fold in the next three weeks.

Kurt: Dude, shut the f—k up. I gotta see how Grant Morrison’s run on Batman ends. Simon Dark is still ongoing, too.

DC Special Raven #2 (Of 5) $2.99

Ben: Who reads these?

Kurt: I read them to your mom.

Detective Comics #843 $2.99

Infinity Inc #8 $2.99

Jonah Hex #30 $2.99

Justice League Unlimited #44 $2.25

Leaders High Vol 01 $9.99

Ben: G.W. decides to invade Canada.

Kurt: Blame Canada!

Looney Tunes #161 $2.25

Metal Men #7 (Of 8)  $2.99

Kurt: It’s Iron Maiden vs. Slayer in a rock-off to the death! Who will hold the horns the highest!

Midnighter #18 $2.99

Kurt: This almost sounds like something you’d get at a gay bar. “Bob and I had a couple of High Lifes, and then he asked me if I wanted a midnighter in the back. I was all for it.” Oh, wait.

New Dynamix #2 (Of 5) $2.99

Nightwing #143 $2.99

Scalped #16 (MR) $2.99

Ben: My favorite.

Shazam The Greatest Stories Ever Told TP $24.99

Stormwatch PHD TP Vol 02 $17.99

Ben: The smartest way to clean up.

Kurt: Dude, having a kid has just given you sh-t on the brain, hasn’t it?

Supergirl #28 $2.99

Superman 3 2 1 Action TP $14.99

Tower Of The Future Vol 10 $9.99

Trials Of Shazam #12 (Of 12) $3.50

Vinyl Underground #7 (MR) $2.99

Women Of The DC Universe Series 2 Cheetah Bust $49.99

Ben: I’ve always liked fast women.

Kurt: You like ‘em fast, I like ‘em loose. It works out.

IMAGE COMICS

Archibald Saves Easter (One Shot) $3.50

Kurt: Archibald’s really f—king late.

Brit #5 $2.99

Casanova #13 (MR) $1.99

Cemetery Blues #3 $3.50

Ben: Kurt was right, this is pretty good. Now I’m going to bite my fingers for writing that.

Kurt: What do you mean? I’m right about everything. 

Darkness Butcher (One Shot) $3.99

Kurt: Now, this is a great way to lose a finger.

Dead Space #2 (Of 6) $2.99

Ben: Based on a videogame most people have likely never heard of.

Frank Frazettas Dark Kingdom One-Shot (MR) $3.99

Kurt: This is by Mark Kidwell, the writer behind the very cool zombie one-shot, ’68.

Jack Staff #15 $3.50

Ben: Just make sure you have a rag for clean up.

New World Order #3 $3.50

Overman #5 (Of 5) (MR) $3.50

Kurt: I’m glad my bio-comic is finally out.

Walking Dead #48 (MR) $2.99

Ben: Time to leave the prison… if anyone makes it out alive.

MARVEL COMICS

Amazing Spider-Man #555 $2.99

Ben: At the current rate of release it will be slightly over three years before the next matching triple digit issue comes out and Quesada finally removes his mask.

Kurt: You know, that almost sounds like something that this three-times-a-month thing might be building towards. I don’t mean the Quesada-as-Satan thing, because everybody already knows that. But, what if it comes back around to the thing with Mephisto and unscrews this whole mess? It’s an interesting thought.

Anita Blake VH Guilty Pleasures #10 (Of 12) $2.99

Cable #2 DWS $2.99

Ben: A long one with high tensile strength.

Clandestine #3 (Of 5) $2.99

Dark Tower Long Road Home #2 (Of 5) $3.99

Ben: Awesome, thy name is Dark Tower.

Kurt: Lame, thy name is Ben. Just sayin’.

Essential Iron Man TP Vol 03 $16.99

Hulk TP Planet Hulk $34.99

Ben: That’s about all the paper is worth.

Kurt: Jesus, can you imagine the size of that roll?

Kick Ass #1 2nd Ptg Romita Jr Var (MR) $2.99

Kick Ass #2 (MR) $2.99

Ben: After a long night of Mexican food and tequila.

Logan #2 $3.99

Ben: You can flush it, but it keeps coming back.

Kurt: I hate you.

Logan #2 Black And White Var $3.99

Ben: Excessive licorice and cream in the diet.

Lords Of Avalon Sod #3 (Of 6) $2.99

Marvel Adventures Spider-Man #38 $2.99

Marvel Spotlight Iron Man Movie $2.99

Kurt: I’d like everyone who considers buying this to e-mail me. I will then give you my address. Please enclose your $2.99 in an envelope and mail it to me. The money will be put towards cigars, whiskey, and women of questionable morals. In other words, it will be better spent.

Marvel Two-In-One #10 $4.99

Ben: Starring Joe Quesada, Bendis and you!

Kurt: Oh God, the horror!

Moon Knight #17 $2.99

New Avengers HC Vol 02 $29.99

New Avengers HC Vol 02 Dm Ed $29.99

New Exiles #4 $2.99

New Universal #7 $2.99

Ben: April Fools!!!

Kurt: Yeah, I guess so. Did you hear that Warren Ellis is leaving Thunderbolts? 

Omega Unknown #7 (Of 10) $2.99

Punisher War Journal #18 $2.99

Secret Invasion #1 (Of 8) $3.99

Ben: The seedy world of asleep porn gets its own title.

Kurt: Oh hell, it’s out this week?

Secret Invasion #1 (Of 8) Blank Con Cover Var $3.99

Ben: This would be cooler if the entire contents were blank, especially if you could get it CGC’d.

Kurt: A blank cover? Is this what gimmicks have come to?

Secret Invasion #1 (Of 8) McNiven Sketch Var $3.99

Secret Invasion #1 (Of 8) Yu Var $3.99

Kurt: The cover is a mirror.

Secret Invasion TP Infiltration $19.99

Ben: Some things are just too gross to comment on.

Kurt: I’m afraid to ask what you were thinking.

Spider-Man Family #8 $4.99

Kurt: This is what happens when you marry many women across different states.

Twelve #4 (Of 12) $2.99

Ultimates 3 #3 (Of 5) 2nd Ptg Wraparound Var $2.99

X-Force #2 2nd Ptg Crain Var $2.99

X-Men First Class TP Mutant Mayhem $15.99

Young Avengers Presents #3 (Of 6) $2.99

Young X-Men #1 DWS $2.99

Kurt: And, I’m spent! See you next week, Maniacs!

Questions? Comments? Let us know what you think at comicscape@mania.com.