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Superman Heirs' Lawyer Hits DC Comics with SLAPP
By Rick DeMott | Monday, August 16, 2010 at 10:34 am | AWN News
Posted In | News Categories: Business, Films, People | Geographic Region: North America | Site Categories: Business, Films, People
On Friday, Marc Toberoff, the attorney representing heirs of SUPERMAN co-creators in their copyright battle with DC Comics, has filed a motion to have a lawsuit filed against him by DC thrown out, reports VARIETY. He is using California's anti-SLAPP laws, which bar the use of legal claims to intimidate the opposition in court, as the basis for the dismissal.
Previous court rulings in 2008 and 2009 have given substantial rights back to co-creator Jerome Siegel and Joseph Shuster's heirs starting in 2013.
DC claims that Toberoff compensation for his legal services create a conflict of interest in DC Comics making agreements with the heirs for the property. As part of his arrangement, Toberoff will control 47.5% of the rights with the Siegel heirs holding 27.5% and the Shusters' 25%. In the suit, DC presented unsigned documents from Toberoff's law firm laying out his plan to obtain as much of the copyright for himself as he could. Toberoff claims those documents were stolen.
yeah this slimy lawyer (redundant?) has his fingers in the pie all right.....
dirtbag.
Yes, but you're a surrealist! I'm a normal guy!
Gil Zoo Crew or bust!
I have to wonder, what is the point of Siegel and Shuster getting the rights to Superman if their lawyer is going to get half of those rights anyway? For that reason, I'd initially disregard the report, except that rather than Toberoff trying to dispute the claim and make any attempt to say that DC isn't telling the truth, he says the documents revealing the shenanigans were stolen.
Which I'm inclined to interpret as an indicator that it's all true, but the lawyer thinks that it shouldn't matter since DC technically shouldn't know about it anyway. Though legal matters of how it was learned aside, I think it's probably for the best when something like this come to light.
Quote : Originally Posted by Mjolnir
...this slimy lawyer (redundant?)
Absolutely not. There are exceptions, but more often than not it's a redundant phrase.
How is this right? Some lawyer gets the controlling rights to Superman? The heirs are better off leaving him with DC, they'll treat the property with reverence at least.
How is this right? Some lawyer gets the controlling rights to Superman? The heirs are better off leaving him with DC, they'll treat the property with reverence at least.
After what DC did to Captain Marvel it's all just karma coming around to bite them in the ###.
You have used a censored word. Please remove this word. <-- Please kiss that word.
While it would be preferable that the heirs had a higher percentage (and together they still have controlling stake), the point is, it's THEIR rights to assign as they want. Personally, I'd like to see the rights expire and go into public domain where they belong (along with a certain Mouse), but barring that they should rightfully rest with the creator's family. DC's made (and continues to make) huge amounts of money off of other's creations. For a company that's taking to championing creator's rights in recent years, they need to put their money where their mouth is on this one.
In the end I can't imagine Superman anywhere but DC due to Trademarking, etc., so this will really amount to a licensing deal where S&S (and the lawyer) will get a cut of Superman profits.