"Smallville" Faces Super Legal Battle

A federal judge in Los Angeles has found that the WB's young Superman series, "Smallville," may be infringing on the copyrights held by the widow and daughter of Jerome Siegel, originator of the Superboy comicbook series for DC Comics, Variety reported.

The March 23 summary judgment by Judge Ronald S.W. Lew found that Joanne Siegel and Laura Siegel Larson had successfully recaptured the Superboy rights from Time Warner, Warner Bros, and DC Comics as of Nov. 17, 2004 and that enough facts are present where the court could find that the main character in "Smallville" is, in fact, Superboy.

"Smallville," now in its fifth season, is centered on a teenage Clark Kent. Warner Brothers argues that the lawsuit is directed solely to rights relating to the costumed character Superboy - not Superman - and does not affect the television series because the show is "grounded in depictions of a young Superman that pre-date the publication of Superboy in 1944."

Marc Toberoff, who represents Siegel and Larson claims that the only representations of a younger Superman which pre-date 1944 Superboy consist of one or two panels showing Superman as a baby or toddler. "Jerry Siegel's Superboy focuses on Superboy's relationship with his parents and his adventures with school classmates in a small town which, by Superboy No. 2, was named Smallville," Toberoff said.

This could be a long battle for Warner Brothers. The dispute between Siegel and DC Comics over who owns the rights to Superboy dates back to the original publication of the comic. What's at stake now is the ownership of "Smallville" episodes that have run since November 2004 (when the judge ruled that Siegel and Larson recaptured the rights).

Warner Brothers should also be weary of Toberoff. He represented another copyright plaintiff last year against the studio in a case that settled with a $17.5 million payout to Toberoff's client.

This could prove a tough case. While it never ocurred to me that "Smallville" was about Superboy, the legal ruling will come down to a serious analysis of the Superman and Superboy comics directly compared to the series. --Shannon Nolley

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