Two Different Versions of "Superman" Could Possibly Hit Theaters...

Here's an excerpt from the Variety article:

In a recent article published in the Columbia Journal of the Law & the Arts, Anthony Cheng writes that 7th Circuit Court of Appeals Judge Richard Posner's decision in Neil Gaiman's suit against Todd McFarlane "could provide the rationale for both parties to continue legally exploiting" Superman. Posner determined that Gaiman's "Medieval Spawn" was "sufficiently distinct" to justify a separate character copyright from the original Spawn.

Along this line of reasoning, one way to settle the Superman dispute would be to "split the character in two -- a 1938 Superman and a Modern Superman -- and allow both sides to create new works based on their versions," Cheng writes.

Moreover, because both sides would independently be exploiting their respective versions of the Man of Steel, they wouldn't have to go through the tricky work of accounting for each others' profits. They'd own what they own. One downside, though, Cheng writes, is that DC would have the more valuable version of the character, given the length of time it has been transforming Man of Steel projects into popular culture.

The other, more obvious, option is that all parties come together. But that's no easy feat. The heirs' attorney, Marc Toberoff, is appealing Larson's decision to the 9th Circuit to get a more definitive ruling on who owns what, while DC is proceeding with its suit against Toberoff, charging that he has poisoned their relationship with the Siegels and Shusters.

Amid all the acrimony, it's easy to forget the original intent of the "rights termination" clause of the Copyright Act: to give authors another opportunity to share in the rewards of their creations, not to parcel them out in bits and pieces.

Larson's point wasn't to parcel out the rights but to compel everyone to come to the same table for potentially mutual benefit. As he wrote in one ruling, Superman is an "aggregate whole," not "a red cape here, a particular villain there."

Smh hopefully the two parties can come to a deal of some sort for the audience's sake.