The SuperHeroHype Forums  

Go Back   The SuperHeroHype Forums > Superman > Man of Steel

Reply
 
Thread Tools Display Modes
Old 01-14-2013, 09:13 PM   #451
sf2
Side-Kick
 
sf2's Avatar
 
Join Date: May 2005
Posts: 5,002
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by FilmNerdJamie View Post
Most definitely. The trunks will return.
hopefully will be sooner.

__________________
“Everything you can imagine is real.”
― Pablo Picasso
sf2 is offline   Reply With Quote
Old 02-14-2013, 11:21 AM   #452
Lencho01
Shazoogle! Shazoogle!
 
Lencho01's Avatar
 
Join Date: May 2010
Posts: 15,771
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Just saw these...

http://www.deadline.com/2013/02/supe...on-to-dismiss/

Quote:
Lawyer For Superman Heirs Wants DC Comics Suit Dismissed

By DOMINIC PATTEN | Wednesday February 6, 2013 @ 4:25pm PST

DC Comics waited too long to file its copyright interference suit in the battle over who owns Superman, says the lawyer of the estates of Man of Steel co-creators Jerry Siegel and Joe Shuster. In another round in the multi-front fight between Warner Bros and the estates, attorney Marc Toberoff on Monday cited statute of limitation laws and asked the federal court to dismiss (read it here) the suit DC’s corporate owners filed against him almost three years ago. This move comes less than a month after the 9th Circuit Court of Appeals essentially handed WB full rights to Superman in a related copyright case — a big deal for the studio, whose reboot Man Of Steel flies into theaters June 14. In its May 14, 2010 suit, DC Comics claimed Toberoff meddled with the 1992 copyright agreement the company had reached with the two estates. It also alleges Toberoff drafted overriding agreements with the estates in 2001 and 2003 to recapture DC’s Superman copyright interests and to position himself and his companies to secure a controlling financial interest in the families’ claims.

This week’s motion says that regardless of DC’s claims, they ran down the clock on themselves. “The record shows that DC was on notice of this supposedly tortious conduct by no later than 2006. And yet DC did not file suit that year. Nor did it file in 2007, 2008, or even 2009. Instead, DC sat on its alleged rights, and did not file suit until May 2010 — nearly a decade after the supposed torts had occurred and nearly half a decade after it was put on notice. These state-law claims were filed much too late, and are conclusively barred by the statute of limitations,” says the motion for partial summary judgment. The motion also adds that the Warner Bros-owned comic company’s request for a declaration that the agreements with the lawyer are unenforceable is barred by a four-year statute of limitations, they added. Toberoff and the other defendants (Mark Warren Peary, the personal representative of the Estate of Joseph Shuster, and Jean Adele Peavy, Laura Siegel Larson, individually and as personal representative of the Estate of Joanne Siegel, Pacific Pictures Corporation, IP Worldwide and IPW) have requested a March 11, 2013 hearing on their request.

At the same time, motions that WB filed last fall in the case have now been reactivated as the appeal process has wound down. WB’s seeking sanctions against Toberoff and his companies claiming the attorney suppressed evidence in the discovery process in the case. The studio’s lawyer Daniel Petrocelli is aiming to put Toberoff on the stand to answer the claims. That motion will also be discussed in the March 11 hearing. In a separate motion, also scheduled to be heard on March 11, WB is seeking attorney’s fees of $500,000 from Toberoff in the case the appeals court decided largely for the studio.
http://www.deadline.com/2013/02/warn...right-lawsuit/

Quote:
Warner Bros Seeks Court Ordered End To Superman Legal Battle

By DOMINIC PATTEN | Thursday February 7, 2013 @ 10:20pm PST

Less than a month after scoring a major legal victory in the Superman copyright case, Warner Bros today sought to finish off the suit by the heirs of co-creator Jerry Siegel. “After nearly a decade of litigation, the Siegel Superman and Siegel Superboy cases can now come to an end,” said the motion for summary judgment (read it here) filed Thursday. The studio wants the federal court to assert the January 10 ruling of the Ninth Circuit Court of Appeals that essentially gave Warner Bros full rights to the superhero character and the freedom to move forward with its Superman big screen reboot Man of Steel and other related properties without the threat of further legal action by the creators’ heirs and estates. The ruling last month overturned a 2008 ruling that Laura Siegel Larson and the estate of Joanne Siegel still controlled the lucrative rights to Superman and his younger self Superboy because a binding agreement was never reached by the parties. “In short, these cases are over. Any attempt by Larson to resuscitate them is futile,” the studio and its DC Comics subsidiary said in today’s filing by lawyers Daniel Petrocelli, Matthew Kline and Cassandra Seto. “In both the Superman and Superboy cases, DC’s Fourth Counterclaim seeks a declaration that Larson transferred her Superman and Superboy copyrights to DC pursuant to a 2001 settlement agreement, and that the parties are bound by the terms of that agreement,” it added. “The Ninth Circuit requested that this Court resolve these questions on remand, and the Court can and should do so now, and bring these two long-running cases to an end.” Defendants WB and DC Comics have requested a hearing on the motion for March 11, the same day several other matters in the Man of Steel legal saga are to be addressed by the court.

__________________
I was at some diplomatic party once. Got to talking to this princess who told me that when it came to Superman, I was missing the point. She told me, "His real strength lay in his generous spirit and sense of what's fair." - King Faraday

"
He’s much more of a working class superhero, which is why we ended the whole book with the image of a laboring Superman. He’s Everyman operating on a sci–fi Paul Bunyan scale." - Grant Morrison

"Self Portrait" By Batman
Lencho01 is offline   Reply With Quote
Old 02-14-2013, 12:33 PM   #453
Bruce_Begins
Taking a break.
 
Bruce_Begins's Avatar
 
Join Date: Apr 2009
Posts: 6,448
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Man, That Toberoff is looking to exploit every technical loophole to turn the case in his favor.

I find it unbelievable that in-spite of knowing his intentions (To gain some percentage of ownership rights to Superman property, in order to make a Superman movie using his own production house "Pacific Pictures") there is still a chance that the courts may somehow grant him a part of rights, just on technical grounds.



Edit: we will know what happens next on March 11 th. I really hope that this case is closed and is never opened again. (of course I want WB to give adequate royalties to Siegel and Shuster heirs, but I don't want Toberoff to gain anything.)


Last edited by Bruce_Begins; 02-14-2013 at 12:37 PM.
Bruce_Begins is offline   Reply With Quote
Old 02-14-2013, 02:59 PM   #454
Kal-El.9859
X-Men Gold Team
 
Kal-El.9859's Avatar
 
Join Date: Jan 2011
Location: Smallville/Metropolis
Posts: 10,531
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

I wanna smack that guy....

__________________
My father believed, if the world found out who I really was, they'd reject me...out of fear. He was convinced that the world wasn't ready. What do you think?
-Superman

You live, you die, you fight...as brothers
Kal-El.9859 is offline   Reply With Quote
Old 02-14-2013, 03:18 PM   #455
BH/HHH
Cavill's Hairychest
 
BH/HHH's Avatar
 
Join Date: Apr 2004
Location: Leeds
Posts: 15,016
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

I just wonder if head got the rights what kind of budget would his Superman film have? I ant imagine it'd been a huge budget. This guy is a piece of garbage.

__________________
MAN OF STEEL


THE GREATEST COMIC BOOK MOVIE OF ALL-TIME
BH/HHH is offline   Reply With Quote
Old 02-14-2013, 03:56 PM   #456
dark_b
Side-Kick
 
dark_b's Avatar
 
Join Date: Jul 2005
Posts: 44,302
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

budget?

dark_b is offline   Reply With Quote
Old 02-14-2013, 03:57 PM   #457
BH/HHH
Cavill's Hairychest
 
BH/HHH's Avatar
 
Join Date: Apr 2004
Location: Leeds
Posts: 15,016
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by dark_b View Post
budget?
I mean if Toberoff ad got his way and produced a Superman film under his production company.

__________________
MAN OF STEEL


THE GREATEST COMIC BOOK MOVIE OF ALL-TIME
BH/HHH is offline   Reply With Quote
Old 02-14-2013, 04:23 PM   #458
Kal-El.9859
X-Men Gold Team
 
Kal-El.9859's Avatar
 
Join Date: Jan 2011
Location: Smallville/Metropolis
Posts: 10,531
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by BH/HHH View Post
I mean if Toberoff ad got his way and produced a Superman film under his production company.

I think it's rather pointless to think about those types of things.

__________________
My father believed, if the world found out who I really was, they'd reject me...out of fear. He was convinced that the world wasn't ready. What do you think?
-Superman

You live, you die, you fight...as brothers
Kal-El.9859 is offline   Reply With Quote
Old 02-14-2013, 05:47 PM   #459
BH/HHH
Cavill's Hairychest
 
BH/HHH's Avatar
 
Join Date: Apr 2004
Location: Leeds
Posts: 15,016
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by Kal-El.9859 View Post
I think it's rather pointless to think about those types of things.
Just something I wonders that's all, I was basically making the point had he gotten to make a Superman film I doubt it would have had a big budget

__________________
MAN OF STEEL


THE GREATEST COMIC BOOK MOVIE OF ALL-TIME
BH/HHH is offline   Reply With Quote
Old 02-14-2013, 05:50 PM   #460
Kal-El.9859
X-Men Gold Team
 
Kal-El.9859's Avatar
 
Join Date: Jan 2011
Location: Smallville/Metropolis
Posts: 10,531
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by BH/HHH View Post
Just something I wonders that's all, I was basically making the point had he gotten to make a Superman film I doubt it would have had a big budget
obviously it wouldn't

__________________
My father believed, if the world found out who I really was, they'd reject me...out of fear. He was convinced that the world wasn't ready. What do you think?
-Superman

You live, you die, you fight...as brothers
Kal-El.9859 is offline   Reply With Quote
Old 02-14-2013, 06:00 PM   #461
Dr.
Scorpion-Kick
 
Dr.'s Avatar
 
Join Date: Aug 2010
Location: Toronto
Posts: 1,811
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by BH/HHH View Post
I mean if Toberoff ad got his way and produced a Superman film under his production company.
I rather think Toberoff planned to use his ownership(s) as bargaining chips; he has no interest in making movies.

Dr. is offline   Reply With Quote
Old 02-14-2013, 06:06 PM   #462
Kal-El.9859
X-Men Gold Team
 
Kal-El.9859's Avatar
 
Join Date: Jan 2011
Location: Smallville/Metropolis
Posts: 10,531
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by Dr. View Post
I rather think Toberoff planned to use his ownership(s) as bargaining chips; he has no interest in making movies.
Don't like this guy....period

__________________
My father believed, if the world found out who I really was, they'd reject me...out of fear. He was convinced that the world wasn't ready. What do you think?
-Superman

You live, you die, you fight...as brothers
Kal-El.9859 is offline   Reply With Quote
Old 02-15-2013, 04:24 AM   #463
titansupes
Side-Kick
 
titansupes's Avatar
 
Join Date: Dec 2010
Posts: 3,326
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by Bruce_Begins View Post
Man, That Toberoff is looking to exploit every technical loophole to turn the case in his favor.

I find it unbelievable that in-spite of knowing his intentions (To gain some percentage of ownership rights to Superman property, in order to make a Superman movie using his own production house "Pacific Pictures") there is still a chance that the courts may somehow grant him a part of rights, just on technical grounds.



Edit: we will know what happens next on March 11 th. I really hope that this case is closed and is never opened again. (of course I want WB to give adequate royalties to Siegel and Shuster heirs, but I don't want Toberoff to gain anything.)
I could be reading this wrong, legal jargon is not my strong point, but I don't think he's trying to get rights or anything (anymore). WB was suing him for making a deal with S&S to get some of the rights for himself, now he's trying to get that case dismissed. I think.

In any case, this guy's an a$$hole.

titansupes is offline   Reply With Quote
Old 02-15-2013, 04:45 AM   #464
Bruce_Begins
Taking a break.
 
Bruce_Begins's Avatar
 
Join Date: Apr 2009
Posts: 6,448
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

I am not a legal expert either.

Yup, after reading this again you are right.

WB had filed a lawsuit against Toberoff as he had too had a financial stake in S&S case, which was more than usual relationship between Lawyer and client.

But, now Toberoff claims that WB were slow to respond. WB filed a lawsuit against Toberoff in the court in May 2010, so as per certain clause (the statute of limitations), since there was considerable delay, the WB's objections and lawsuit against Toberoff should be rejected.


Last edited by Bruce_Begins; 02-15-2013 at 04:55 AM.
Bruce_Begins is offline   Reply With Quote
Old 03-04-2013, 09:17 PM   #465
Lencho01
Shazoogle! Shazoogle!
 
Lencho01's Avatar
 
Join Date: May 2010
Posts: 15,771
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

More...

http://www.hollywoodreporter.com/thr...ll-hope-425728

Quote:
'Superman' Heirs Still Hope to Grab Back Rights

5:00 AM PST 3/4/2013 by Eriq Gardner

Warner Bros. believes that the legal war can be ended before the release of "Man of Steel," but the attorney for the Jerry Siegel estate has new arguments in the long-running case.



Timothy A. Clay/AFP/Getty Images

Giving up on superhero dreams doesn't come easily.

Superman was created in the late 1930s by Jerry Siegel and Joe Shuster. For three-quarters of a century since, the two have been in and out of court to gain greater financial participation. The duo and their heirs have made deals with studios along the way, and most recently, the Siegel and Shuster estates were hoping to exploit a provision of the Copyright Act that allows a copyright grant to be terminated.

In January, they were dealt a blow when Warner Bros. scored a huge win in a lawsuit that's lasted nearly a decade. Unfortunately for the Siegels and their attorney Marc Toberoff, the Ninth Circuit Court of Appeal ruled that in 2001, the Siegel family came to an agreement with Warners' subsidiary D.C. Comics to settle the termination fight.

Over? Not quite yet.

Now the case is back at a lower federal court in California.

Warners smells blood and believes that a conclusion is just around the corner -- which would represent great timing because its big-budget Superman reboot Man of Steel, directed by Zack Snyder and produced by Christopher Nolan, will be released this summer.

"After over eight years of litigation, the Siegel Superman and Superboy Cases can and should now come to an end," the studio argued in legal papers filed last week.

Warners has a summary judgment motion pending that seeks a declaration that the 2001 agreement is enforceable, and that DC owns all the copyrights. Additionally, the studio is pursuing its legal attack on Toberoff for interfering with its rights and for alleged misconduct in the discovery process. It believes that the fight can be "fully and finally resolved in the next 60 to 90 days."

But the Siegels and Toberoff are attempting a new strategy premised on the notion that the Ninth Circuit ruling was limited. "There are a host of outstanding issues that preclude DC from the relief it seeks," the Siegels' say in legal papers.

If a contract was created, the heirs of the Superman co-creator want to argue, the Warners subsidiary didn't perform under the contract.

"DC failed to perform or to even tender performance by March 31, 2002, the date agreed upon," writes Toberoff. He continues, "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."

Finally, Toberoff is looking to reintroduce his long-held belief (fought in various lawsuits over the years) that the Copyright Act prevents the anticipatory transfer of terminated rights through contracts. He's prevailed once before on that argument in a case involving rights to Lassie. There have been other decisions that have gone the other way -- including, most recently, against the estate of Superman's other co-creator Joe Shuster.

Toberoff's greatest challenge, though, might be judicial fatigue after eight years of a case that's been up and down and up and down the court system. He could soon find himself in a similar position as the various lawyers for Stan Lee Media Inc. who have been frustrated with judges refusing to pay much respect to countless arguments for why Spider-Man and other superhero characters were wrongfully ripped away.

But for now, it appears Toberoff still has some hope left.

__________________
I was at some diplomatic party once. Got to talking to this princess who told me that when it came to Superman, I was missing the point. She told me, "His real strength lay in his generous spirit and sense of what's fair." - King Faraday

"
He’s much more of a working class superhero, which is why we ended the whole book with the image of a laboring Superman. He’s Everyman operating on a sci–fi Paul Bunyan scale." - Grant Morrison

"Self Portrait" By Batman
Lencho01 is offline   Reply With Quote
Old 03-04-2013, 10:48 PM   #466
Panthro
Our Savior Hellboy
 
Panthro's Avatar
 
Join Date: Nov 2008
Location: Cat's Lair, Third Earth
Posts: 18,349
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Toberoff is a disgusting parasite of a human being and this copyright court room nonsense needs to end.

__________________
SUPERMAN: You know something Bruce? You're not always right.

New 52 Flash SUCKS
Panthro is offline   Reply With Quote
Old 03-04-2013, 11:19 PM   #467
Doc Ock
10 years ago...
 
Doc Ock's Avatar
 
Join Date: Dec 2009
Location: Oklahoma, US
Posts: 7,854
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by Panthro View Post
Toberoff is a disgusting parasite of a human being and this copyright court room nonsense needs to end.
Yes please, its infuriatingly stupid!

__________________
The Winter Soldier - 9/10 | The Amazing Spider-Man 2 - 6.5/10 | Days of Future Past - 9/10 | TMNT - ???? | Guardians of the Galaxy - 10/10
Doc Ock is offline   Reply With Quote
Old 03-05-2013, 12:23 AM   #468
vantheman77
Side-Kick
 
Join Date: Oct 2010
Posts: 2,618
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

It wouldn't matter if the Siegel family and Toberoff regain it or not as DC will continue to publish Superman now that they have Joe Shuster's half of the copyright.

vantheman77 is offline   Reply With Quote
Old 03-05-2013, 05:37 AM   #469
Kalonthar
Guest
 
Posts: n/a
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by Panthro View Post
Toberoff is a disgusting parasite of a human being and this copyright court room nonsense needs to end.
And Toberoff has even been featured in the comics...


  Reply With Quote
Old 03-05-2013, 10:12 AM   #470
gkokujin
Side-Kick
 
Join Date: Feb 2006
Location: in a house
Posts: 2,445
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

i don't even know who to side with in this. I just want Superman to be left alone.

__________________
If you are offended, remain offended.

Quote:
Originally Posted by UltimateJustin View Post
no kid in fifteen years will recall what was going on in the haze of animated card game shows where cat faced japanese children yelled annoyingly and danced around and shot mushrooms out of their mouths.
gkokujin is offline   Reply With Quote
Old 03-21-2013, 08:04 PM   #471
FilmNerdJamie
Magneto was right!
SHH! Global Moderator
 
FilmNerdJamie's Avatar
 
Join Date: Feb 2008
Location: Between the Moon, New York City & your sister
Posts: 8,233
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

http://www.hollywoodreporter.com/thr...os-owns-430323

__________________
FilmNerdJamie is offline   Reply With Quote
Old 03-21-2013, 10:24 PM   #472
Simo
Side-Kick
 
Simo's Avatar
 
Join Date: Jul 2002
Location: Michigan, USA
Posts: 1,049
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by FilmNerdJamie View Post
I know of the legal battle between WB and the Siegel estate but never really followed it, however this caught my eye in the article:
Quote:
Warners is safe as it prepares to release its big-budget Superman reboot Man of Steel, directed by Zack Snyder and produced by Christopher Nolan, but there may be more fussing on works like the TV series Smallville, before the case is firmly wrapped up.
Could that be why Warner has been so cagey about promoting MOS this year so far aside from a magazine cover or 2 because of the outcome of this rights issue?

Simo is offline   Reply With Quote
Old 03-21-2013, 10:32 PM   #473
titansupes
Side-Kick
 
titansupes's Avatar
 
Join Date: Dec 2010
Posts: 3,326
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Doubtful. By all accounts, this movie is safe from all that.

They've already made the movie to the tune of $225mil. It would be shooting themselves in the foot to be scared of marketing it.

The slow marketing (so far) is just part of their overall marketing strategy, is all.

__________________
I NEVER WANTED YOU TO COME BACK TO GOTHAM.

titansupes is offline   Reply With Quote
Old 03-21-2013, 11:18 PM   #474
Showtime
Your Friend In Time
SHH! Global Moderator
 
Showtime's Avatar
 
Join Date: May 2005
Location: Hill Valley
Posts: 41,431
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

They were already set because they had this film in production and were able to show that they were evolving both Superman on film and in the comics.

__________________

Showtime is offline   Reply With Quote
Old 03-22-2013, 08:19 AM   #475
Dr.
Scorpion-Kick
 
Dr.'s Avatar
 
Join Date: Aug 2010
Location: Toronto
Posts: 1,811
Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Quote:
Originally Posted by titansupes View Post
Doubtful. By all accounts, this movie is safe from all that.

They've already made the movie to the tune of $225mil. It would be shooting themselves in the foot to be scared of marketing it.
Yeah. Even in the midst of the recent legal battles, WB made Smallville and SR and continued to publish (thru DC) the comics. In other words, WB/DC was still producing Superman content. So it’s a tad misleading when journalists imply that the fate of MOS (perhaps its very release) was dependent on the outcome of a judge’s ruling - especially since a court essentially ordered WB to make MOS (or suffer $ penalties).

Dr. is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:58 AM.

monitoring_string = "dee460792f24517621e3ca080805de7e"
Contact Us - Mobile - SuperHeroHype - ComingSoon.net - Shock Till You Drop - Lost Password - Clear Cookies - Archive - Privacy Statement - Terms of Service - Top - AdChoices


Powered by vBulletin®
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SuperHeroHype.com is a property of CraveOnline Media, LLC, an Evolve Media, LLC company. ©2014 All Rights Reserved.