Copyright

Copyright Case Study: Superboy vs Superman

08.16.07 | No Comments

Tom Bondurant has written a fantastic commentary on the legal dispute over whether Superboy (as conceived by Jerry Siegel) is “sufficiently original” compared with Superman - in other words, was Superboy a “joint work” between Jerry Siegel and Joe Shuster or a “derivative” of Superman. It’s an interesting case study in US copyright law.

Based on what I have read of the case… the lack of “young Superman” stories early in the character’s publication history may allow “Superboy” to be different enough.  I don’t think the mere presence of the Kents, and the rural-vs.-urban setting, will be sufficient by themselves.  As the Nichols opinion reminds us, “the less developed the characters, the less they can be copyrighted.”

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