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Although an appeals court seems to have brought to an end the Joe Shuster estate’s bid to reclaim the artist’s stake in Superman, The Hollywood Reporter reminds us that the fight by Jerry Siegel’s heirs is far from over.
According to the website, attorney Marc Toberoff — he represents both families — is scheduled to file a brief next month on a pending appeal of a March 2013 ruling that affirmed the writer’s family relinquished any claims to the Man of Steel by accepting a 2001 offer from DC Comics that permits the publisher to retain all rights to Superman (as well as Superboy and The Spectre) in exchange for $3 million in cash and contingent compensation worth tens of millions.
Toberoff maintains the Siegels never accepted the DC offer (the Ninth Circuit Court of Appeals found otherwise), but even if there was a contract, then the publisher failed to perform. That explains the addition last year of the line “By Special Arrangement with the Jerry Siegel Family” to the credits of any DC title featuring Superman, a stipulation of the 2001 agreement.
However, Wright noted that breach-of-contract claims are a matter for state court, and don’t affect the enforceability of the 2001 agreement. So, a separate lawsuit remains an option for the Siegels, even if — or perhaps when — they exhaust their copyright case.
As The Hollywood Reporter points out, while the Siegel heirs still face “incredibly long odds,” their fight isn’t over yet.