Superman Lawsuit That Could Have Major Effects on DC Studios Gets a Big Update

James Gunn’s upcoming film Superman is currently the subject of a lawsuit that could impact its release in select international markets, as Mark Peary, who is late Superman co-creator Jerry Shuster’s nephew, claims the movie is in violation of copyright laws. This lawsuit has now received a significant update, with Warner Bros. and DC Comics moving to have it dismissed. According to Variety, the parties are “arguing the issue has already been exhaustively litigated,” pointing to numerous instances of the courts rebuffing Peary in the past. Records show that Peary’s mother “signed away all rights to the Superman character” following Shuster’s passing.

“Peary’s complaint fails on every ground,” said WB attorney Daniel Petrocelli. “There are no carve-outs in the controlling 1992 agreement for any foreign copyrights, much less for the copyrights in the 10 countries Peary now alleges in the Complaint,” he added.

The Shuster estate first filed the lawsuit in late January, aiming to block Superman from being released in Canada, the United Kingdom, Ireland, and Australia. Peary, who is the executor of the estate, is seeing “damages and injunctive relief for Defendants’ ongoing infringement” in the countries listed in the lawsuit. In a response, Warner Bros. issued a statement outlining the provisions of Superman’s international copyrights.

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Scheduled to release in July, Superman is the first film of the rebooted DC Universe franchise that is overseen by DC Studios co-heads Gunn and Peter Safran. WB is in the midst of promoting the movie, unveiling the official trailer late last year and sharing a new look for fans during this year’s Puppy Bowl.

If precedent is anything to go by, it seems like Superman will be able to receive its full planned global rollout. Unless there is new information that comes to light, the fact that Peary has made similar claims that have been dismissed before indicate Warner Bros. and DC are not in violation of any copyright claims. Hopefully, this matter is resolved swiftly, as there are only a handful of months before Superman‘s premiere. It is unknown when the court will make its decision; the lawsuit was filed in New York, and WB has asked that it be “transferred to the Los Angeles judge who handled it previously” if it isn’t dismissed.

Superman is obviously an integral tentpole project for Warner Bros. this year, as the studio is keen on further developing the DC Universe. Gunn and Safran have a multitude of projects in the pipeline and have detailed an ambitious content release strategy that would see multiple films, TV shows, and animated TV series released each year. Gunn is also working on a movie script that could be a Superman sequel. In order for the franchise to take the next steps forward, it’s important for Superman to be a massive commercial hit, and every little bit at the box office counts towards turning a profit. Should the lawsuit prove successful, it would have a negative impact on the film’s prospects.