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Old 07-28-2011, 05:37 PM   #226
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Originally Posted by hippie_hunter View Post
While not related to the Superman case, Toberoff and the Kirbys have just lost their case against Marvel and Disney.
This is great news!
A loss for Toberoff is a victory for Superman!

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Old 10-26-2011, 10:28 AM   #227
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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'Super' suit to go on
Jude won't throw out Warner Bros.' lawsuit
by Ted Johnson
Posted: Wed., Oct. 26, 2011 4:00 am PT

A federal judge is refusing to throw out Warner Bros.' suit against the attorney for the heirs to the creators of "Superman," who are poised to reclaim rights to the Man of Steel in 2013.

Marc Toberoff had sought to strike Warner Bros.' unit DC Comics suit against him under California's anti-SLAPP statute, which was designed to curb lawsuits with the intent of intimidating the opposition by delay and legal expense.

U.S. District Judge Otis Wright said that Toberoff had failed to show that his role as the attorney for the heirs to co-creators Jerome Siegel and Joseph Shuster was protected under the anti-SLAPP law. He cited a business agreement Toberoff made with the Shuster heirs, which Wright said was "not an agreement for the provision of legal services, but one concerning the exploitation of Joe Shuster's creations."

DC Comics, represented by Dan Petrocelli, sued Toberoff in May 2010, claiming that earlier in the decade he interfered with their relationships with Siegel's and Shuster's heirs to coax them out of settling with the studio and instead enter into an agreement with his own production ventures to exploit the "Superman" franchise.

Toberoff, who had no comment, has characterized the suit as "frivolous" and a way to pressure his clients into settling the case and selling back the rights at a reduced price. A provison of the Copyright Act allows creators and their heirs to recapture their creations under certain circumstances. Toberoff successfully recaptured portions of the "Superman" storyline for the Siegel heirs in two U.S. District Court decisions in 2008 and 2009, and the Shuster estate is seeking to recapture its rights in 2013.

In his filings, Toberoff said that for at least the past five years, he has only been on retainer with the Siegel heirs and Shuster's executor.Toberoff's attorneys noted that he did not consult with the Siegels -- and had yet to meet with them -- when they dropped their attorneys at Gang, Tyre, Ramer & Brown and formally called off negotiations with DC Comics in September 2002. Only the next month, they said, did they contact him for representation. Two companies of his companies, IP Worldwide and Pacific Pictures, had agreements with the heirs but they have either been terminated or expired, Toberoff's filings noted.

Wright did not rule on whether Warner Bros. was likely to prevail on the merits of its suit, only whether it was covered by the anti-SLAPP statute. But he wrote that it gave the court "great pause" that a settlement agreement with the Shusters came undone.

He also ruled that Toberoff has to turn over a letter written by Laura Siegel Larson, Siegel's daughter, to her half brother. Warner Bros. believes the letter supports their claim that Toberoff "tortiously interfered" with their settlement with the Siegels.
http://www.variety.com/article/VR1118045071

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Old 10-26-2011, 02:16 PM   #228
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

If MOS does well enough to warrant a sequel in WB's eyes, would it be put on hold due to the case?

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Old 10-26-2011, 02:34 PM   #229
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Great news for The Brothers Warner...I'm not saying anyone is completely without fault here, but Toberoff's motives, in this case, seem to be especially suspect.

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Old 10-26-2011, 02:42 PM   #230
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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If MOS does well enough to warrant a sequel in WB's eyes, would it be put on hold due to the case?
Doubtful, I would've anticipated the lawsuit effecting the 2013 date because that's when supposed rights were expected to revert. I think unless there is a ruling that demands both parties respect a certain decision , Warners' is moving on autopilot with Superman and will continue that way until its steered towards a settlement

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Old 10-27-2011, 07:40 AM   #231
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

I wasn't talking about WB's battle against Toberoff himself. Just the one with the Siegels and Shusters. Given that MOS is expected in 2013 and WB is expected to the lose the rights, are there any plans for a sequel anyway (in hopes that they reach some agreement)?

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Old 10-27-2011, 09:30 AM   #232
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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I wasn't talking about WB's battle against Toberoff himself. Just the one with the Siegels and Shusters. Given that MOS is expected in 2013 and WB is expected to the lose the rights, are there any plans for a sequel anyway (in hopes that they reach some agreement)?
Yeah, I'm talking about that one too. My guess is(based on the momentum that WB is moving with Superman on various projects) that the estate will settle with the brothers Warner and allow them to still use rights that have been rewarded to them, in return for a percentage of Superman-related revenue.

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Old 10-27-2011, 09:35 AM   #233
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

From what I understand, WB own all rights to Superman internationally and comics publishing rights in US, only movie rights are to be decided upon (what part of Superman mythos belongs to whom) when it comes to making movies, TV series in US.

Still I may be missing something here.

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Old 10-27-2011, 09:42 AM   #234
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

My understanding is… since 1999, S&S have been entitled to some share of Superman revenues. The legal battles have been about how much $$$.

June 2013 marks the first time that S&S can take Supes (or, at least, Action #1) away from WB. Now, S&S don’t have to do this, it just becomes possible. If negotiations progress and if MOS happens to make a billion dollars, that could be an incentive for the status quo and a sequel.

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Old 10-27-2011, 11:43 AM   #235
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Yeah, if they opted for a better financial settlement instead of the more stripped down character from Action #1, it could potentially split the character into two potential entities...That would seem highly unlikely, though.

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Old 10-27-2011, 12:17 PM   #236
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Yeah, if they opted for a better financial settlement instead of the more stripped down character from Action #1, it could potentially split the character into two potential entities...That would seem highly unlikely, though.
Right, one cannot make any real money off of Superman if its not what we come to know as Superman. Sure S&S get full credit for inventing him, but a LOT of what has come of Superman over the last 70 years has come after them, yet is still very important to the character.

If you only got bits and chunks of that, go ahead and try selling that. Nobody is going to BUY anything Superman that just gets rid of 90% of the modern character.

So ultimately its over money. Not creative control, not anything other than how much money the S&S heirs get as a %.

I do not forsee big sales of a new Superman title without anything we have come to know as Superman in it, and anyone being able to make serious money off of it. To try to do so would be an irrational gamble.

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Old 10-27-2011, 01:20 PM   #237
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Yeah, and also if you step back and really think about this, its pretty apparent that this should go Warner's way.

Time Warner is obviously a gigantic corporation that has some of the best lawyers in the world, on their payroll, doing nothing but handling this case.

The S&S estate has Toberoff who, initially, had a lot of momentum behind him, but now he's having judges rule against him and his motives are becoming suspect.

I'm inclined to think Warner's is pretty comfortable with the way things are moving. They are abiding by the judges wishes to have a Superman film in production, they have Nolan, and Man of Steel could be a huge hit. Considering that a large amount of money that Superman Returns made was paid back to the S&S estate, I'm sure they have a plan in place that will allow them to capitalize on this film's success, while setting an agreement directly the S&S estate.

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Old 10-27-2011, 01:26 PM   #238
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

IF you are disputing what % of Golden eggs you get, no matter what, you don't want to kill the Goose.

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Old 10-27-2011, 01:28 PM   #239
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Anyone know what kind of deals Time Warner/WB/DC/whoever made with Bob Kane and Marvel with Stan Lee? They both seemed happy with what they got, though I think I heard Lee sued Marvel once before.

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"
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Old 10-27-2011, 02:08 PM   #240
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Anyone know what kind of deals Time Warner/WB/DC/whoever made with Bob Kane and Marvel with Stan Lee? They both seemed happy with what they got, though I think I heard Lee sued Marvel once before.
Yeah Stan has taken Marvel to court atleast one time, for sure.

I think because he wanted a bigger cut from film grosses.

The S&S lawsuit is different though because regardless of how bad the deal was...the creators did sell(and, in a sense, give up ownership of) the character to WB.

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Old 10-27-2011, 03:37 PM   #241
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Yeah, and also if you step back and really think about this, its pretty apparent that this should go Warner's way.
Well, in terms of how the judge might rule, there’s no dramatic victory that WB can expect.

The law says that authors can reclaim copyright. That’s settled and it’s not something that a judge can change.

Now, there has been a ruling that recognizes Superman’s joint authorship and who-gets-custody-of-what? in the event of a “divorce.” Right now, the court is basically trying to facilitate a “reconciliation” – getting both sides to come to a deal.

But WB can’t “win” the case in the sense of fully owning Superman like they did back in the day (unless they pay big time).

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Old 10-27-2011, 03:52 PM   #242
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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The S&S lawsuit is different though because regardless of how bad the deal was...the creators did sell (and, in a sense, give up ownership of) the character to WB.
This.

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Old 10-27-2011, 11:14 PM   #243
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Anyone else find it funny that the judge's name is Otis?

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Old 10-27-2011, 11:42 PM   #244
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Anyone else find it funny that the judge's name is Otis?

So, what would make the ruling in favor of WB ?

Otisberg ?

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Old 10-30-2011, 02:08 PM   #245
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Anyone else find it funny that the judge's name is Otis?
Thaaat's why it's taking so long!

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Old 10-30-2011, 08:05 PM   #246
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Anyone know what kind of deals Time Warner/WB/DC/whoever made with Bob Kane and Marvel with Stan Lee? They both seemed happy with what they got, though I think I heard Lee sued Marvel once before.
Kane had a very good deal initially that was negotiated by his father, then he finked on Siegel and Shuster for planning to sue National in 47, and leveraged that and the fact that he may (or may not) have been underage when Bill Finger created Batman for him. He then renegotiated again when the TV series was on and got an even better deal. DC has been kissing Robert Khan, a.k.a. Bob Kane's ass for years while screwing Siegel and Shuster.

If WB/DC had any integrity at all, Siegel and Shuster heirs would get a deal as good as Kane's at least. And so should Bill Finger's family. But they don't.

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Old 10-31-2011, 10:01 AM   #247
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Anyone else find it funny that the judge's name is Otis?
They denied my rights over Otisburg... now thou shalt feel my wrath!

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Old 10-31-2011, 10:05 AM   #248
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Kane had a very good deal initially that was negotiated by his father, then he finked on Siegel and Shuster for planning to sue National in 47, and leveraged that and the fact that he may (or may not) have been underage when Bill Finger created Batman for him. He then renegotiated again when the TV series was on and got an even better deal. DC has been kissing Robert Khan, a.k.a. Bob Kane's ass for years while screwing Siegel and Shuster.

If WB/DC had any integrity at all, Siegel and Shuster heirs would get a deal as good as Kane's at least. And so should Bill Finger's family. But they don't.
Do you know the details of Bob Kane's deal?

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Old 11-01-2011, 01:18 AM   #249
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

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Kane had a very good deal initially that was negotiated by his father, then he finked on Siegel and Shuster for planning to sue National in 47, and leveraged that and the fact that he may (or may not) have been underage when Bill Finger created Batman for him. He then renegotiated again when the TV series was on and got an even better deal. DC has been kissing Robert Khan, a.k.a. Bob Kane's ass for years while screwing Siegel and Shuster.

If WB/DC had any integrity at all, Siegel and Shuster heirs would get a deal as good as Kane's at least. And so should Bill Finger's family. But they don't.
I think that Bob Kane has ensured that Bill Finger will never get proper credit for Batman. And I think that there are other legal issues involving the copyright that prevents Finger from being properly credited.

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Old 02-20-2012, 08:13 AM   #250
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Default Re: Siegel & Shuster vs WB: Superman and Infinite Crisis - Part 1

Toberoff is appealing his loss in the Marvel case now accusing that Stan Lee has threatened his brother to get him to testify in favor of Marvel.

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