Sunset Superman
Superman faces his toughest battle yet: the forces of copyright law. Will he prevail, or could a copyright claim deal a killer blow to DC Comics and Warner Bros? Simon Carty hides the kryptonite
Superman is invincible. No villain – not even Lex Luthor with his kryptonite – can bring him down. However, there’s one force that even the Man of Steel might struggle against: an IP lawyer.
As legal battles rage over the ownership of Superman’s rights, an upcoming film means that the son of Krypton might face his greatest enemy yet – not in Metropolis, but in the courtroom.
The ongoing fight unfolding in a US courtroom – that falls under British copyright law – might just finish Superman.
Though playing out in the US, the dispute has implications beyond American borders.
Given Ireland’s copyright framework and its close alignment with UK film distribution, there are reasons to consider how this dispute might extend into the Irish and wider EU legal context, potentially jeopardising the release of Superman: Legacy in Irish cinemas.
Man of Steel
Superman has long been at the centre of legal disputes over copyright, but recent developments raise questions about whether a new film could be released in Ireland.
Superman: Legacy, directed by James Gunn and set for a summer 2025 release, has been positioned as a major revival for both the character and cinema at large.
With box-office attendance struggling post-pandemic, and superhero fatigue reportedly setting in, Warner Bros is hoping this film will be a significant cinematic event.
This article examines how the complexities of US, UK, and EU copyright law intersect, and whether Ireland’s regulatory environment could result in legal barriers to Superman: Legacy’s release.
More broadly, it also asks whether Irish copyright law provides better protection for creators than its UK equivalent, and how these differences might affect the Irish entertainment industry in general.
Superman was created in 1938 by Jerry Siegel and Joe Shuster, who sold all the rights to Detective Comics, Inc (now DC Comics) for $130 (approximately $2,900 today when adjusted for inflation).
In recent years, their estates have sought to reclaim portions of those rights under copyright law. The latest dispute, however, was filed in the US, where Joseph Shuster’s estate has sued Warner Bros Discovery (WBD) and DC.
While the case is being heard in a federal court in New York, it is based on UK copyright law, which the estate argues granted them reversionary rights over Superman in 2017 – 25 years after Shuster’s death.
The lawsuit alleges that WBD has continued to use Superman in various countries without honouring these rights or paying royalties, and the estate is seeking damages and an injunction to block WBD from using Superman internationally.
Justice League
A ruling in favour of the estate could have implications beyond Britain or the US. If the court recognises the Shuster estate’s reversionary claim, it could establish a precedent for how copyright ownership transfers are interpreted in jurisdictions with similar legal frameworks.
In particular, this case could lead to greater scrutiny of historical copyright contracts in jurisdictions such as Ireland, where legacy agreements may not have anticipated modern interpretations of reversion rights.
Under Irish and EU law, contracts signed decades ago might now be examined in light of newer legislative frameworks prioritising creator rights – such as the EU Copyright Directive (2019/790), which enhances authors’ ability to reclaim rights when works are not adequately exploited.
The case also raises broader questions about whether Irish courts would take a similar approach if an Irish-based creator, or their estate, sought to reclaim rights under comparable circumstances.
While there is no direct equivalent of US or UK termination rights in Ireland, courts could be influenced by legal arguments emerging from this dispute – especially if EU law is interpreted in a way that strengthens the ongoing interests of authors and their heirs in works initially assigned under different legal norms.
A ruling in favour of the estate might not directly change Irish law, but it could influence how Irish courts approach similar cases, particularly under EU copyright directives that provide enhanced protections for authors.
If WBD is forced to renegotiate rights in the UK following this ruling, it could trigger similar claims in Ireland and other EU member states, leading to broader questions about how historical contracts are evaluated in light of EU-level protections for creators.
Smallville
Before the implementation of the Copyright Directive, Irish copyright law was more closely aligned with the British approach particularly in how contracts were structured.
Historically, both Ireland and Britain treated copyright as a tradable asset, allowing rights to be fully assigned or sold outright, with fewer protections for authors after an initial transfer.
This model left many creators and their estates with little legal recourse to reclaim ownership of their works.
With Ireland still within the EU, and Britain on the outside, their legal frameworks have increasingly diverged. The EU Copyright Directive has reshaped Irish copyright law, strengthening authorial rights and introducing new safeguards that did not exist in Ireland or Britain before Brexit.
One notable change is that Irish law now offers enhanced protections against the long-term loss of rights, including mechanisms that allow authors to revoke transfers of rights when works are not being adequately exploited, in accordance with, among other things, article 22 of the directive.
This shift is relevant to cases like the Superman dispute because it raises the question of whether Irish courts would apply modern EU protections to older contracts – particularly where rights were initially assigned under pre-EU frameworks.
While the UK still follows its own Copyright, Designs and Patents Act 1988, Irish law is now firmly embedded within the EU’s author-friendly approach.
This divergence matters because, under older Irish law, Shuster’s estate might have had fewer options to reclaim rights – similar to that in the UK.
However, the argument for creator protections has strengthened under today’s EU-influenced Irish copyright system.
If Warner Bros Discovery was required to renegotiate rights in the UK following the lawsuit, it could lead to further challenges in Ireland, particularly if Irish courts interpret the case in light of EU rules that prioritise the interests of creators over those of corporate ownership.
This lawsuit, therefore, is not only about past rights, but about the evolving nature of copyright-reversion claims under international law.
The estate alleges that WBD has continued to use Superman in various countries without paying royalties. The lawsuit seeks damages and an injunction to block WBD from using Superman internationally.
Ireland’s historically close cultural and linguistic ties to the UK, as well as its economic position as a small market, mean that it does not operate an entirely independent film distribution model.
Unlike larger European markets that have distinct domestic-release schedules, Ireland’s cinema industry is largely aligned with UK releases. Most major studio films, including Superman: Legacy, are distributed under UK schedules, due to the economic realities of distribution logistics.
If WBD is required to renegotiate rights in the UK following this case, Irish releases would likely be directly affected, as they are typically bundled with UK distribution agreements.
Dawn of justice
Given this interconnected market, if legal proceedings in the UK result in a block on Superman: Legacy, it is highly likely that Ireland would also be affected.
Warner Bros may choose not to release the film in Ireland separately, due to logistical and contractual complexities in distribution.
Furthermore, if the Shuster estate were to bring a parallel claim under EU law, it could lead to additional delays or restrictions within Ireland, even if a resolution were reached in the UK.
Consequently, the outcome of this dispute may dictate whether Irish audiences can view the film alongside global markets or encounter unforeseen disruptions.
For now, Superman: Legacy remains on track for release, but the legal battles behind the scenes may ultimately determine whether Irish audiences will get to see it at the same time as the rest of the world.
Superman has battled countless villains over the years, but even he may struggle against the forces of copyright law.
The Man of Steel always finds a way to prevail, however, no matter the odds.
Simon Carty is a member of the Law Society’s IP and Data Protection Committee and is principal of Simon Carty Legal & Advisory, Dublin 2. He is also a member of the production team for Mrs Brown’s Boys.
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