In an important recent legal victory, a judge found Mark Peary’s claim to be without merit. Peary, nephew of the late Superman co-creator Joe Shuster, recently filed for foreign copyrights to the iconic superhero. In August 2023, Peary filed a lawsuit against Warner Bros. Discovery, DC Studios, and DC Comics. He asserted that the studio did not have the rights to theatrically release the new Superman movie in major markets such as Canada, the United Kingdom, Ireland, and Australia. Since Peary’s day, the courts have repeatedly thrown out his claims. In short, they decided that his mother, Jean Peavy, gave up any rights to the Superman character after Shuster’s death in 1992.
The decision could hardly come at a more important time. Warner Bros. is preparing for the release of its even more highly anticipated Superman reboot. Written and directed by James Gunn—including the film’s musical numbers—Superman: Legacy features David Corenswet as the titular hero. He takes flight with Rachel Brosnahan starring as Lois Lane, Isabel Merced as Hawkgirl, and Nathan Fillion as Green Lantern Guy Gardner. The cast includes Anthony Carrigan as Metamorpho, Sara Sampaio as Lex’s assistant/lover Eve Teschmacher, Pruitt Taylor Vince and Neva Howell as “Ma” and “Pa” Kent, respectively, and Milly Alcock as Supergirl, who will make her debut ahead of her own film.
Peary’s lawsuit poses considerable legal hurdles. According to a number of industry experts, Superman’s overseas rollout was never really in danger to begin with. The courts have repeated Siegel and Shuster’s assignments of worldwide rights to DC’s predecessor as law since 1938. This precedent-setting decision allows Warner Bros. to take the next steps with certainty. Now they’ll be free to release the new Superman film without any significant legal liability.
James Gunn shared his appreciation to the cast and crew for bringing such care to the project while making it.
“God bless our cast and crew whose commitment, creativity, and hard work have brought this project to life. I set out to make a movie about a good man in a world that isn’t always so much. And the goodness and kindness and love I’ve encountered on a daily basis on the set has inspired me and thrust me forward when I felt too spent to move on my own. Thank you all from the bottom of my heart. It has been an honor. The destination has been Superman, but the journey has been the toil and the laughter and the emotions and ideas and magic we’ve shared together on set – and for that I am forever grateful.” – James Gunn
The court’s ruling opens the door for Warner Bros. to move ahead with its promotional plans for Superman Returns. The studio is clearly trying to ride the wave of hype surrounding the reboot, fueled in part by the burgeoning popularity of superhero movies.
Mark Peary’s efforts to regain rights to the character of Superman have loomed large since they first made headlines in 2018. With each court ruling, the arguments have only reaffirmed Warner Bros.’ legal standing to distribute content featuring the character around the world. The spate of litigation underscores the messy, costly state of copyright disputes in Tinseltown, particularly for timeless figures such as Superman.
As anticipation builds for Gunn’s vision of Superman, fans are eager to see how this new iteration will bring fresh perspectives to familiar narratives while staying true to the character’s legacy. What we can tell you is that the film will explore some thrilling new character dynamics and arcs. It seeks to speak not only to lifelong fans but new ones too.