A certain DC Comics character is coming back from the great beyond, and if my inbox is any indication a lot of you are wondering how this could have happened.
The answer–or at least a possible explanation–below.
Warning–spoilers ahoy!
Seriously – there are spoilers here – if you haven’t read the latest Legion of 3 Worlds, or haven’t heard the buzz about who’s going to be in DC’s Adventure Comics, you may want to read no further.
We mean it.
Okay – so everyone left does want to hear about this?
The imminent return of Conner Kent–this generation’s Superboy–has raised questions as to whether DC and the heirs of Jerry Siegel have settled their dispute as to who owns the character.
A settlement is one possibility, though at present it seems a relatively less likely explanation. The court record in the Superboy lawsuit contains no reference to a finalized settlement. To the contrary, the parties stated last year that court-ordered mediation did not resolve the dispute. As things stand, the court record indicates that the resolution of the Superboy lawsuit will follow the court’s judgments in the Superman trials, the first of which began this past week. (More on that soon in another post!)
A more likely explanation as to why DC feels comfortable reviving Superboy–or at least the Conner Kent version–is that the company’s legal position regarding the character improved considerably after the 2007 court ruling that vacated a previous judgment awarding the rights to the Siegel heirs.
As I noted briefly in a Blog@ post in conjunction with the return of Superboy Prime,
Based on Judge Larson’s ruling in the Superboy case, DC might have concluded that the worst they’ll end up with is 50 percent of the character as a joint work. Since the main issue is profit allocation, they might have figured that it’s better to share money from successful characters than to kill them off or end their adolescence prematurely. Moreover, in light of the court’s recent decision to give the Siegels half of the Superman material in Action Comics #1, changing Superboy to Superman arguably does not accomplish all that much — either way DC faces the prospect of having to pay the Siegels something for the work.
This may seem opaque to some readers, given that we’re no longer in the midst of a series of blog posts on legal issues arising from the Siegel lawsuits. For those of you who are gluttons for legal punishment, here’s a somewhat more detailed overview.
In March 2006, a judge ruled in favor of the Siegel heirs in their attempt to regain the Superboy copyright. The basis of the judge’s decision was a set of findings from Siegel’s and Shuster’s 1947 lawsuit against DC. As part of the initial findings in the 1947 case, the court referee determined that
Siegel is the originator and sole owner of the comic strip feature SUPERBOY, and . . . that [DC is] perpetually enjoined and restrained from creating, publishing, selling or distributing any comic strip material of the nature now and heretofore sold under the title SUPERBOY.
This finding had been vacated in 1948 as part of the initial settlement between DC and Siegel and Shuster, but the judge in 2006 ruled that this finding was nonetheless determinative for purposes of the Siegel heirs’ decision to exercise their termination rights in the Superboy character.
The comprehensive nature of the 2006 ruling–that “any comic strip material of the nature now and heretofore sold under the title SUPERBOY” belonged exclusively to the Siegel heirs–arguably prohibited DC from publishing any material that featured a character named Superboy, whether a young Clark Kent or a derivative work featuring a character with the same name and similar powers.
Although it has been asserted that the judgment had nothing to do with the case–decided just a few before Conner Kent’s death in Infinite Crisis #6–there have also been other indications that the lawsuit was a factor at least in the decision to avoid references to Superboy after the judgment was issued.
However, in July 2007, after the Superboy case had been transferred to a different judge, the court granted DC’s motion to reconsider the 2006 ruling. As the court observed in the 2007 order, the 1947 lawsuit was not based on copyright–a federal issue–but the misappropriation of property under New York state law. Accordingly, it was inappropriate to view the referee’s findings as determinative of the Siegel heirs’ copyright claim.
Even better for DC, the 2007 order went on to indicate that DC owns at least 50% of the Superboy copyright. Because the original material in question was drawn by Joe Shuster–whose rights at this point remain vested in DC–Superboy would arguably be a joint work co-owned by DC and the Siegel heirs.
The judge did not issue a final determination on the co-ownership question, due to the as yet unresolved question of the extent to which Superboy constitutes a derivative work of Superman, an issue inextricably bound with the questions being considered in the upcoming second trial regarding the allocation of profits derived from the Superman material in Action Comics #1.
Here things get a bit complex, but at base there are reasonably secure grounds for DC lawyers to conclude that whatever else happens, the absolute prohibition on publishing any material under the Superboy title is unlikely to return. DC’s lawyers may have determined that the company appears likely to end up owning part if not all of the copyright in Superboy, and since a co-owner can exploit the property on its own without permission from any other co-owners, DC could safely publish its own Superboy material.
In keeping with the law of joint ownership of copyright, the company may have to allocate some profits to the Siegel heirs, but splitting profits can be better than having no profits at all. Moreover, keeping Superboy in use helps enable DC to to maintain any Superboy trademarks.
Of course, all this is speculation based on public documents–I don’t have a mole in DC legal, nor does it seem likely that they’ll be inviting me up for cocktails anytime soon. That said, there is at least some evidence that DC views the 2007 decision as grounds for concluding that “Superboy was returned to DC.”
May 2nd, 2009 at 5:23 am
“due to the as yet unresolved question of the extent to which Superboy constitutes a derivative work of Superman,”
Is this similar to the reason Fawcett lost Captain Marvel in the 1950s?
Cheers,
B
May 2nd, 2009 at 7:09 am
I cant wait for superboy to return. Connor Kent is his name, but Superboy will always be superboy to me. I have been a superboy fan since he appeared. He rocks! Thats all I can say.
May 2nd, 2009 at 7:44 am
I just read about this on Wikipedia today, so when I’m picking up Blackest Night today, I guess I’ll be picking up Legion of 3 worlds too!
I’m thrilled that he’s back!
May 2nd, 2009 at 7:49 am
I think Conner is a great character…as a replacement for Superman when he died.
Superboy, however, is the stories of the adventures of Superman when he was a boy and is intergral to one book more than any other.
And so, I think that Superboy, the adventures of Superman when he was a boy, should be returned to the Legion post haste, forthwith, and ….damn quickly.
May 2nd, 2009 at 8:39 am
“I think Conner is a great character…as a replacement for Superman when he died.
Superboy, however, is the stories of the adventures of Superman when he was a boy and is intergral to one book more than any other.
And so, I think that Superboy, the adventures of Superman when he was a boy, should be returned to the Legion post haste, forthwith, and ….damn quickly.”
I think you’re wrong. I think that idea is outdated. I think that Superman becoming Superboy first is an idea that belongs in the distant past, to be looked at fondly as a memory.
May 2nd, 2009 at 8:44 am
I MIGHT have to take a look at this. I loved the 90′s Superboy, although I wish they’d put him back into an actual costume, as opposed to the t-shirt and jeans look. I don’t mind that look, but I think for nostalgia’s sake, it would be great to see him in an updated version of his original costume.
May 2nd, 2009 at 9:10 am
Seems like Lo3W is Geoff fixing what in some ways he did. He killed Conner off in Crisis. He also aged Bart and sent him on the path that killed him. With that said I’m still enjoying thew return of these characters and this series.
May 2nd, 2009 at 9:52 am
Conner Kent is back baby I do agree he need a new suit man I hope he take over protecting the city while superman gone
May 2nd, 2009 at 10:03 am
Geoff Johns wrote the books in which Bart was aged and Conner died, but those were editorial mandates forced on him.
He said flat out that if they hadn’t taken those two characters from him, that he would still be writing Teen Titans.
May 2nd, 2009 at 11:21 am
I wish Bart & Conner would have both stayed in the future.
But with Bart back in Rebirth, I know that won’t be happening.
Conner might be to fill the void left in the future by
the original Superboy. They could have even given him the animated design from the Legion cartoon or something similar.
Legion of 3 Worlds is a great read so far. Anyone not reading it is missing out.
May 2nd, 2009 at 11:44 am
freakin awesome!! Conner is one of my all time favorites. I’m more excited about this than anything other comic related news in years!
May 2nd, 2009 at 12:29 pm
Never thought, I’d actually care about the Superman court trials but DC has mount a solid defense to keep the copyright and the character. I can just see it now though. A DC Crisis style event that totally writes Superman (well they probably couldn’t even use the trademark then)..S-Man(?) totally out of continuity! This might trump even Final Crisis in terms of overall stupidity?
May 2nd, 2009 at 2:33 pm
Are we SURE that it was Conner that came back and not Match (who is likely to be dead long before Legion-time)?
May 2nd, 2009 at 3:03 pm
Are you insane ? Rewriting DC continuity without Superman ?
I’m glad to see Conner come back and prefer having this Superboy in the Legion. When Superboy was part of the group it felt like the other members didn’t get enough attention or character development. This Superboy, not young Superman, feels like he’s not as invincible as the original Superboy.
It’s also good that the Siegel family is getting something due to Jerry Siegel’s creation of both Superboy and Superman, and other characters.
May 2nd, 2009 at 4:10 pm
I really care nothing about both characters, and I like even less the new mess Johns had created for the Legion of Super-Heroes, which has become even more convoluted. Hopefully, he will go back to Teen Titans and leave LSH in more capable hands, one that recognized LSH is the star of its own book, not a bunch of colorful costumes serving as cannon fodder for whatever fixation he has at the moment.
May 2nd, 2009 at 4:27 pm
It would be really interesting to see DC without Superman. That would break the DC trinity? Maybe they would add Captain Marvel (Shazam!)in his place. I doubt DC would ever lose him.
May 2nd, 2009 at 4:38 pm
In regards to the first poster – I thought the Fawcett issue was that the issue wasn’t really resolved, more that Fawcett when broke from all the litigation and DC scooped up the assets.
May 2nd, 2009 at 8:00 pm
Now if they would only go back to having him wear a costume. Tshirt and jeans is not a super hero outfit.
They need to put him back in the costume he originally wore.
It worked for 100 issues of his own comic and 50+ issues of Young Justice.
May 2nd, 2009 at 8:31 pm
“Geoff Johns wrote the books in which Bart was aged and Conner died, but those were editorial mandates forced on him.”
Link please.
May 2nd, 2009 at 9:33 pm
Connor it’s good to have you back.
May 2nd, 2009 at 10:33 pm
So people actually want Superboy back in that god awful 80′s work out leotard of a costume with the loose off the hip belt?
Why not add Leg warmers to complete the look?
Give him a NEW costume or keep this one but PLEEEEEEEASE do not go back to that awful outfit!
May 3rd, 2009 at 12:22 am
I LITERALLY squealed when I read this! I have been waiting and waiting for this moment with JUST as much anticipation as I have for the (imminent) return of Steve Rogers. Connor Kent is one of those characters, like Dick Grayson and Guy Gardner, that has the ability to be one of the Greats. One of those characters that scream every time they are on the page “I NEED A DEFINING STORY!” “I NEED A DEFINING MOMENT!” and now that he is back in the DCU (or soon to be) there’s a better chance in that happening.
I believe in Connor Kent.
May 3rd, 2009 at 1:41 am
Well, I for one, LOVE Conner’s current costume. Why on Earth people feel the need for him to wear some ridiculous outfit is beyond me. Giving him a costume similar to Superman’s just makes him feel like a sidekick, so that’s a bad route. He doesn’t need a costume for armor or to focus his powers, he uses the same disguise as Superman to protect his identity, and he’s instantly relatable to any reader in his age group. It’s the sort of costume he could make for himself that doesn’t look goofy. Why change it?
May 3rd, 2009 at 2:35 am
Matthew –
There’s never been an issue with the copyright on Superman – DC owns him free and clear. Say what you want about how they got him, but they own him.
This whole froofroora is about SuperBOY.
The problem with Superboy is Siegel was cannier at the time than he and Shuster were when they sold the Superman rights – which is why whether Superboy is completely a derivative work of Superman, or a sufficiently original character in his own right is the issue at the heart of the matter.
Clearly DC believes that either he is a simple Superman derivative, or that the two current itterations of Superboy (Prime and Connor) are sufficiently different from HIM as to not be considered derivatives, and therefor not considered to belong to Siegel’s heirs, if they’re given the rights to the original Superboy.
May 3rd, 2009 at 3:28 am
I am glad that Conner is back in the Dc fold. Hopefully, Connor and Bart will be back in the 21st century and DC can get their act together with the Teen Titans.
I feel for Mrs. Siegel who has been screwed by DC Comicss, but I am not so sure his kids, grandkids, and relatives are entitled to the Superman profits.
May 3rd, 2009 at 5:34 am
Superboy’s original costume was extremely dated well before his own series ended. It was way past time to leave it in the past. I could accept a more superhero-y costume for him, but the jeans and t-shirt are perfectly fine to me.
May 3rd, 2009 at 6:48 am
Kamino: I’m not sure on what basis you claim that “There’s never been an issue with the copyright on Superman – DC owns him free and clear.” There have been repeated issues with the copyright on Superman, and as the article states, the Siegels now own half of the rights in Action 1 — the material from which much of what we consider to be Superman could be said to have been derived. So while at this point DC still owns significant portions of Superman, it’s hard to describe it as “free and clear”.
May 3rd, 2009 at 10:26 am
Don’t forget this Superboy DID get a shot with the Legion – wearing the traditional Superman costume no less, towards the end of the Abnett-Lanning run about five years ago. Plus, Waid tried again by inserting Supergirl, and both moves were met with kind of a ‘meh’ response.
But if Geoff Johns wants to try, who am I to argue? The end result is usually pretty good.
May 3rd, 2009 at 10:50 am
Connor’s a great character – they did a lot of fun things with him in his own late, lamented title.
He’s NOT Superman – he’s his own person. Connor was, curiously, very strongly developed as far as his personality as an independent character in his own book. They really developed him extensively, to the point where I honestly think he’s one of the most well-rounded and realized DC characters, consistent and comprehensible.
It’s GREAT to see him and Bart back from the “dead.”
May 3rd, 2009 at 11:40 am
I’m glad Connor’s back. I thought his death was one of the most unnecessary of the past several years. But are we sure that DC just isn’t circumventing the issue by giving Connor a new working identity?
And, Dan: I also remember reading that part of his agreement to write Infinite Crisis was allowing him to be the one to put away Bart and Connor. I’m 90% sure it was here on Newsarama, but since it was before the Imaginova agreement, I’m having trouble finding it.
May 3rd, 2009 at 6:21 pm
Of course he’ll be back. He’s going to be the lead feature in the new Adventure Comics later in the year.
May 3rd, 2009 at 6:34 pm
“I think you’re wrong. I think that idea is outdated. I think that Superman becoming Superboy first is an idea that belongs in the distant past, to be looked at fondly as a memory.”
We are all, of course, entitled to our own opinions. But, both characters, the Legion as a whole, and the Superman as a boy, suffered without each other. In both real world and fictional history, there is no legion without Superboy. And Superboy was defined as the ultimate team player by legion, well before the Justice league in “fictional history”. It was his basis of interaction with the Legion that allowed him to be such a team player in JLA as opposed to say, Batman.
I think both concepts are better together than apart.
May 3rd, 2009 at 7:12 pm
Dc does pretty much own Superman because if the segial get what was in action comics they pretty much will get a limped superman. In action comics number he did not fly, no heat ray vision(or any of the modern powers), and Lex Luther and Krypton was never mentioned. All the Siegels own is Clark Kent, Lois Lane and the old logo. Dc owns the trademark to the modern S symbol. If anything the Siegel and Dc need each other because if the Siegel sell their superman dc will sue them if they give him the current logo and have him fly while blasting heat-ray from his eyes. Its just one big mess.
May 3rd, 2009 at 7:54 pm
Is it possible that they just liscensed him? I know that DC has to pay money to use his fellow Titan Static, so I’m wondering if they are paying Siegel’s heirs money to use the character.
May 4th, 2009 at 6:07 am
Siegel claims something like Action 1 to 6, (and submitted documents proving they were written prior to signing with DC) but that still wouldn’t include heat vision or flying.
The Fawcett case was settled in court. Fawcett lost. The Judges ruled plagiarism had occurred and remanded it back to lower court to compute the damages. That was the only issue left when Fawcett capitulated. DC screwed up by not obtaining the rights to the character right then and there. They settled simply for prohibiting continued publication which lead to Marvelman, the Myron Fass Captain Marvel and Marvel Comics’ eventual capture of the trademark.
May 4th, 2009 at 8:06 am
“Superboy DID get a shot with the Legion…towards the end of the Abnett-Lanning run about five years ago.”
Yes, but the whole point is that according to DC (based on the whining of Legion fans) that wasn’t the “real” Legion, so anything done in it wasn’t good enough, and should be ignored, except for the specific items Geoff chooses to save.
Oh, wait, they’re not even MENTIONED in Lo3W, so they’re all SOL.
The very fact that you’re the only one to point it out is testament to that.
(Tell me I don’t need Sarcasm tags around that…please…)
Unless the Seigels and DC are FAR closer to a settlement than anyone knows, I still think this is a risky move. It seems too much like DC couldn’t wait for a settlement, so they went with what they thought would be okay, even though a couple of years ago, they DIDN’T think they could get away with it. It smacks too much of Vince McMahon deciding the World Wildlife Fund wouldn’t really do anything if he decided to use wwf.com as the website address…and eventually had to change the name of the whole damn company. It’s DC Shoes all over again. Until the whole mishegas gets settled (literally and figuratively), ANYTHING DC does can come back and bite them.
I’m happy to see these characters, and hope the whole mess gets settled eventually so we can see “The Adventures of Superman When He Was A Boy” officially get folded back into the continuity.
Pay them off. Yes, again. It’s worth it. Whether or not they “deserve” it legally (or morally), is NEVER going to be settled (as every related comment thread shows). But the amount of money lost, compared to the amount of money spent to date doesn’t balance. Get them off your back, at least for another generation.
May 4th, 2009 at 1:10 pm
I have to say that i think the whole idea of superheroes returning from the dead is a bad idea. Some of these heroes sacrificed themselves so that the universe would be saved. Bringing them back kinda defeats the whole idea of sacrificing yourself for the greater good.
I liked Conner as a character but i think him, Barry Allen, Bart Allen and yes even Hal jordan and Oliver Queen should have stayed dead.
May 4th, 2009 at 1:35 pm
I liked Conner as a character but i think him, Barry Allen, Bart Allen and yes even Hal jordan and Oliver Queen should have stayed dead.
It’s all Arthur Conan Doyle’s fault.
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