Copyright Talk

I wish I had a problem like this. My teenage daughter draws comic books, so maybe one day . . . .

Back in the 1930’s, two near-kids, Jerry Siegel and Joe Shuster, created the character of Superman. After a few small publications, they were offered some money by Action Comics to sell the rights to Superman, which they did. Superman has since become big, big business. Because of the small amount of money used to purchase the rights ($130.00) and the huge amount of money generated by the character since (comic books, television shows, major Hollywood movies, etc), Siegel and Shuster tried several times to reclaim all or a portion of their copyrights.

At the time the rights were sold, copyrights were issued for a 28 year period, with a right by the copyright holder to apply to extend that period for another 28 years. When the first 28 year period expired, Siegel and Shuster argued that the copyright sold had been only the initial period, and that the copyright then reverted back to them. The Court disagreed, holding that they had sold “all” rights, including the right to extend the copyright.

Several subsequent revisions to the copyright act and its’ terms offered new opportunites for the pair to argue that the rights should revert to them, but it wasn’t until the 1976 copyright revisions that the two were given a new hope. That act specifically granted a right to reclaim a copyright that had previously been sold. In the case of Superman, that right would attach in the late 1990’s. Siegel had died by then, but because copyrights pass by law to specified relatives, his wife and daughter sought to exercise the reversion right.

Warner Brothers, to which the rights had passed, disputed their claim, but last month the court ruled that, at long last, Superman’s rights revert to the family of the creator (Shuster’s estate has not participated so far). There are numerous legal details still to be determined, including rights to which derivative characters are included. Warner Brothers has also filed an appeal of the court’s decision.

Is there a lesson here? Yes, absolutely. First, not matter how desperate you may be to sell something, it is very important to have in writing what the terms of the sale are. Second, it is hard to anticipate what may happen in the future, both with your material and with the law. This second point makes the first even more important. If in doubt, sell as few rights as you can manage, and do your homework on how to word it.