Siegels Try New Strategy In Superman Legal Battle

[CBR News]

Despite a January appeals court decision that seemed to signal an end to the nearly decade-long battle for ownership of Superman, the family of co-creator Jerry Siegel still holds out hope for victory over DC Comics.


Full article here.

[Kymeric]

Kinda figured they wern't gonna stop. Always with the lawsuits...

[adkal]

'The Never-Ending Legal Battle...'

According to The Hollywood Reporter, Siegel’s daughter Laura Siegel Larson and attorney Marc Toberoff are attempting a new strategy, arguing not only that the Ninth Circuit didn’t address all of the outstanding issues in the case but that if there was a contract, then DC failed to perform: “DC anticipatorily breached by instead demanding unacceptable new and revised terms as a condition to its performance; accordingly, the Siegels rescinded the agreement, and DC abandoned the agreement.”

In addition, Toberoff wants to reintroduce his belief that the U.S. Copyright Act prohibits the anticipatory transfer of terminated rights through contracts, an argument that’s met with mixed results.


*sigh*

[Lexrules]

'The Never-Ending Legal Battle...'

According to The Hollywood Reporter, Siegel’s daughter Laura Siegel Larson and attorney Marc Toberoff are attempting a new strategy, arguing not only that the Ninth Circuit didn’t address all of the outstanding issues in the case but that if there was a contract, then DC failed to perform: “DC anticipatorily breached by instead demanding unacceptable new and revised terms as a condition to its performance; accordingly, the Siegels rescinded the agreement, and DC abandoned the agreement.”

In addition, Toberoff wants to reintroduce his belief that the U.S. Copyright Act prohibits the anticipatory transfer of terminated rights through contracts, an argument that’s met with mixed results.


*sigh*

The judges are going to laugh them out of court. Enough of this garbage already, You deserve nothing, Your parents are dead, they are the only ones who should be able to make any deal with WB. Grow up and stop being a money cow.

[brik-el]

My life experiences have taught me that, you get paid if you did the work. Just sayin'.

[Ron Cuthbert]

If someone sells a racehorse, and that horse then goes on to win a shitton of races, they can't then take a fit when they don't get any money from the horse they sold.

[Darrell D.]

If someone sells a racehorse, and that horse then goes on to win a shitton of races, they can't then take a fit when they don't get any money from the horse they sold.

I don't think IP copyright law works the same as selling a racehorse.

[Lexrules]

I don't think IP copyright law works the same as selling a racehorse.

The copyright laws are a joke. The deal was made when both creators where alive. Once they died that should be it. The sibling should be owed nothing but was agreed on by the parties when they were alive.

[Darrell D.]

I'm not sure what that has to do with IP copyright laws not working the same as buying and selling a racehorse, but okay.

[Lexrules]

I'm not sure what that has to do with IP copyright laws not working the same as buying and selling a racehorse, but okay.

Just saying. The copyright laws are as ridiculous as it gets. The fact that someone who was not even born can contest a agreement made is ridiculous.

[Darrell D.]

I agree. Superman should already be in the public domain by now, along with all the other characters created in the Golden Age.

[Mat001]

The fact is that even though Toberoff is a scumbag, he's entitled to try and appeal. That's why the appeals system was created in the first place. The odds of it working are pretty slim. The main motion might have some merit, but the secondary will probably remain unchanged, since it's too gray of an area and has been shot down previously.

[Darrell D.]

The fact is that even though Toberoff is a scumbag, he's entitled to try and appeal. That's why the appeals system was created in the first place. The odds of it working are pretty slim. The main motion might have some merit, but the secondary will probably remain unchanged, since it's too gray of an area and has been shot down previously.

Toberoff really did his clients no favor. The more I read, the more he seemed to be in it for himself rather than the Siegels.

[Mat001]

That's why I call him a scumbag. It would be one thing if he was the lawyer they went to first and he wasn't trying to undermine them. He would be less of a scumbag in my eyes. I do feel that the estates should get something, even if it is the original agreement from a dozen years ago.

[bungi43]

How many times has DC/WB given money away after they legally didn't have too? Signed new agreements?

I mean...a contract is a contract.