The Siegel and Shuster Estates, DC, or the Public: Who Owns Superman?
Image source: Amazon
Even the immobilizing power of kryptonite can’t compare to the power of endless lawsuits that have been dogging the Man of Steel for decades. Who owns Superman, truly? In 1933, writer Jerry Siegel and artist Joe Shuster created Superman. They would infamously go on to sell the character to DC comics in 1938 for $130. Adjusting for inflation, that is about $3,000 today.
That was not the end of the story. Siegel and Shuster fought to get the rights back to Superman and proper credit until their deaths. It cannot be denied that DC Comics made continual financial arrangements with the pair later on. However, those payments were obscenely miniscule in comparison to the billions the Superman IP has made since its creation.
The current Siegel and Shuster estate is still suing and legally bargaining to get full legal ownership of Superman. Meanwhile, the countdown to Superman’s looming public domain declaration continues. The 1938 version of Superman from Action Comics #1 will lapse into the public domain on January 1, 2034.
So, who owns Superman? The Siegel and Shuster estates, DC Comics, or the public? DC Comics currently owns Superman but is constantly dealing with legal issues from the Siegel and Shuster estates, who own non-controlling legal portions of the IP, as well as receive continuing financial considerations.
The answer is beyond complicated.
Siegel and Shuster Sold Superman for $130 in 1938
In 2011, the original $130 check Siegel and Shuster accepted to sell the rights to Superman was sold at auction. Incredibly, both creators’ names are misspelled. It’s easy to cynically judge the creators in hindsight. However, this was Post-Depression era America. No one knew at the time that Superman would become a billion-dollar idea.
Whether they knew it or not, Siegel and Shuster had basically signed over the rights to Superman to DC for perpetuity. (DC Comics was a subsidiary of National Allied Publications at the time.) The creators signed a release that literally said DC has Superman “to have and hold forever.”
So, who owns Superman? It looked like DC Comics at the time.
However, Siegel and Shuster, and then eventually their families and estates, would spend the next 90 years trying to reclaim Superman.
Who Owns Superman? Siegel and Shuster Fight Back
From 1938 to 1948, Siegel and Shuster continually sued DC to declare who owns Superman legally. In 1948, Siegel was even legally awarded ownership of Superboy, since he created the character in More Fun Comics #101 in 1945. However, the victory was a short one; soon, a judge would declare that DC owned both Superman and Superboy.
A court would also force DC to give both Siegel and Shuster $94,000, or about $1.26 million today. DC was also supposed to give both creators a 5% annual royalty on profits from Superman. That sounds like a lot of money, but after taxes and the fact that both creators had to split it, it really wasn’t.
DC would not let Siegel, Shuster, or their lawyers check DC’s financial records. DC would pay Siegel and Shuster regular royalty payments, which cannot be denied. But it was usually under legal duress and a pittance when compared to the revenue the Supermna IP made.
Decades of Litigation
Siegel and Shuster spent the next decades legally battling DC to answer who owns Superman, once and for all. In 1965, the creators would file a new copyright claim for Superman. In 1969, they would also sue DC again to reclaim the copyright. The creators would fail both times.
In 1975, preparations for the 1978 Superman film starring Christopher Reeve began. Siegel and Shuster would sue again and got support from other creators and the public. DC gave each creator a $20,000 annual stipend. Also, each comic featuring Superman would feature a “Created by Jerry Siegel and Joe Shuster” credit beginning in 1976.
The lawsuits would continue. Unfortunately, Joe Shuster died in 1992. Jerry Siegel died in 1996. So, their families and estates would continue the legal battles.
Joe Shuster had no children in his lifetime. His sister and nephew act as his estate and tried to retain the rights to Superman after his death. However, only direct bloodline heirs can make certain legal maneuvers concerning copyright. The Siegel heirs have been successfully suing DC as well.
In 2001, the Siegel estate received money, ownership of half of Action Comics #1, a portion of the copyright, and special credit considerations. In all projects featuring Superman, the credit “By Special Arrangement with the Jerry Siegel Family” must appear along with the credit for both creators.
Mark Peary, the nephew of Joe Shuster, would sue DC in early 2025 over international copyright issues, but his lawsuit would fail. For the time being, even through the haze of legal contests, DC Comics, and its current parent company WBD, owns Superman.
The Public Domain
So, who owns Superman? The answer might not be clear for a long time. Superman will enter the public domain on January 1, 2034. However, that only means that anyone can use the specific version of the character from Action Comics #1 in 1938, not the current version of the character.
Still, DC and its parent company could potentially lobby Congress to extend the copyright. DC Comics and the estates of Siegel and Shuster have not fought legal battles for almost a century to just give up the character to the public.
Also, this issue will only get more complicated in the ongoing public drama of WBD trying to sell itself.
In the meantime, why not check out Superman by Kurt Busiek? This 656-page hardcover collects classic Superman storylines from 2007. This trade also features issue #850 and the issues that lead up to the epic Final Crisis storyline.
Get it now on Amazon for $30 at Amazon now.
This post includes affiliate links. If you purchase anything through these affiliated links, the author/website may earn a commission.
You May Also Like…
- 8 Comic Book Characters Who are Total Superman Ripoffs
- 10 Odd Powers You Did Not Know Superman Had
- 8 Comic Storylines Where Superman Loses
- Get a Grip: The 8 Most Memorable Comic Book Cliffhangers of All Time
- Webs Won’t Stick: 8 Reasons Marvel Comics is Struggling to Keep Peter Parker Relevant
Allen Francis is a full-time writer, prolific comic book investor and author of The Casual’s Guide: Why You Should Get Into Comic Book Investing. Allen holds a BA degree from Marymount Manhattan College and has decades of experience in comic investing and personal finance. Before becoming a writer Allen was an academic advisor, librarian, and college adjunct for many years. Allen now focuses on comic book reviews, collectible investments, and helping others collect and enjoy comics.
