Siegal, Shuster and the WB

I think this would be risky, though, if WB pressed it too far. IMO their only viable choice is a fair buyout. It's not just bad publicity if they don't (and, as you say, potentially good publicity if they do and have a big press conference and photo op on it) it's the risk that the Siegels could sell their interest to another company just to spite WB if they took too hard a line. Even if there are technicalities like the buyer not being a heir for purposes of ongoing litigation, there are probably ways around that which could see the Siegels remain a party to the suit, net them a big chunk of cash, and effectively present WB with a third party they wouldn't be able to squeeze as easily

I think the last thing Warner has to worry about is a rights sale by the Siegels to a third party. Such a sale would be so incredibly encumbered by the constant threat of a lawsuit by Warner that I can't imagine a sale ever being concluded. The Siegels just can't win that one.

The flip side of the good buzz Warner would get by paying a fair settlement to the Siegels is the bad buzz they'll get when people realize that Warner and its antecedents have been screwing the Siegels for most of this century. I don't see how Warner can win the psych war on this.

Warner should pay a fat settlement and a decent royalty and get it over

Remember here that I'm speculating on the Siegels 'winning' now and just sticking around for the fight later, with some Big Conglomerate fighting on their side to get a piece of something huge. You may be right, and practically-speaking WB's relationship with the Siegels doesn't seem to be at that stage so it may be a moot point. But I think it all gets back to how strong a case the Siegels have here, and if it is strong what they would actually gain when all the legal stuff has run its course.

I readily admit I don't know because I haven't tried to research it at all, but I think the amount of the settlement and the strength/value of the Siegels' case are clearly related. If indeed there is no chance that they could ever license others, or if another studio didn't think they could buy the Siegels' rights and win the case (which is what you seem to have been saying Brad), then I think the Siegels basically have squat substantively. They're entirely at the mercy of WB agreeing to pay them something for publicity, or to avoid nuissance legal fees. I can't see any $20M to $30M settlement if that's the case; it'd probably be far less.

But if they genuinely have something of value here, then I think all the other arguments would just be so much WB posturing and whistling by the graveyard. If you're Disney or some other big company, and you see a strong case here and something of value, I don't think a few years' legal fight would dissuade you from 'risking' tens of millions, easily, for half of Superman. Look at how long and hard they all fought over Spider-Man, a property having far less potential upside in my opinion. Look at how much fighting there's been over James Bond.

Think of Superman as a hostile takeover target, as well as a big opportunity to make the competition look inept, and you can easily see the Siegels getting big unsolicited offers. Heck, there are probably wealthy *individuals* who would love to own half of Superman and/or get their hooks into Time Warner, and be willing to pay big bucks to assume the Siegels' position. I realize they'd have to be careful how such a deal was structured

Yeah, but those are publications. It takes a while to write up articles, print them, and distribute. On the internet, you just write something, upload and that's it. It'll probably be all over Wizard and CBN in a couple weeks. Wizardworld.com actually has already reported on it, too.

magazine gets on the shelf, it's chok full of old news...

I don't think they will either, but I they'd have to offer more than 50% of all Superman related profits as is. If they want extra rights like exclusive use and all that, they have to offer more money on top of that. Besides, I kinda gleamed from the latest Splash reports that there is no deal between Siegels and DC Comics. Meaning they'll collect their 50% profits and do whatever they wish with the character.

Doesn't matter what DC will or will not agree to. They have to do it. If they don't they will be breaking the copyright ruling and Siegels can force payment through the court system.

Not 20 years that's for sure. But Siegels will see those profits. Copyright ruling makes it so.

You seem to think DC Comics is in some sort of higher power that can dictate things regardless of what the laws says. They are not. They have zero power in this case. The rulings been made, they have to follow it and pay, or go to court, lose and pay even more. One way or another they will be paying big time.

Regards, The History of Superhero Comic Books Jamie Coville http://www.sigma.net/comichistory/