Warner Bros sued by Superman creator’s estate ahead of new James Gunn movie

New ‘Superman’ film is set to hit cinemas this year

Warner Bros is facing a lawsuit from the estate of Joseph Shuster, one of the creators of the DC Comics hero Superman.

Ahead of the release of Superman, a much-publicised new movie adaptation directed by Guardians of the Galaxy filmmaker James Gunn, a suit was filed in New York City’s federal court.

Superman is intended to re-launch DC’s biggest film franchise, as part of a wider attempt to rival Marvel’s cinematic universe. Gunn took over as CEO of DC Studios, a subsidiary of Warner Bros, in 2022, alongside producer Peter Safran.

The character of Superman was created in 1938 by Shuster, an illustrator, and writer Jerome Siegel.

The lawsuit states that the creators had initially licensed the rights to Superman to Detective Comics (which would later become DC Comics). It argues that British law means that Shuster’s rights reverted to his estate in 2017, 25 years after the illustrator’s death.

It is claimed that Warner Bros had unlawfully failed to pay royalties for use of the character in countries outside the US, including Britain, Canada and Australia.

The suit seeks monetary damages from the company, as well as a court order that would prevent depictions of Superman without a license.

Man of steel: David Corenswet in ‘Superman’ (Warner Bros)

Responding to the lawsuit, a representative of Warner Bros said (per Reuters): "We fundamentally disagree with the merits of the lawsuit, and will vigorously defend our rights.”

Marc Toberoff, lawyer for the Shuster estate, said: "This suit is not intended to deprive fans of their next Superman, but rather seeks just compensation for Joe Shuster's fundamental contributions as the co-creator of Superman.”

The new film stars David Corenswet as Superman/Clark Kent, the superpowered alien who arrives on Earth. It is set to arrive in cinemas this July.

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Whether or not the litigation could disrupt the international release of Gunn’s film is yet to be determined.

The lawsuit is not the first legal dispute to have occurred over the rights to Superman, with Shuster, Siegel and their respective estates having posed legal challenges to Warner Bros for decades.

In 2013, the US Circuit Court of Appeals ruled that the creators would not reclaim the rights to the character under US law.

The first trailer for Superman was released in December, and was met with an enthusiastic reception from fans.