You probably haven't heard of Marc Toberoff. But to the families, heirs and representatives of some of our culture's best-known characters and creations, he's Superman — and to the corporate entities that own those creations, he's Lex Luthor.
Toberoff is an intellectual properties attorney who specializes in representing claims by creators and their heirs against big studios, publishers and other media conglomerates who have made mega-millions off of their creations — often without paying more than a pittance to the people responsible. In his latest case, he's won a federal ruling that gives the family of Superman's co-creator, Jerry Siegel, a financial stake in films made about the Man of Steel. It's a huge victory, and one that's likely to set a precedent that will also benefit the family of Superman's other creator, Joe Shuster. DC Comics, who owns the character, famously paid a pittance for the rights to Superman, and both Siegel and Shuster's families were nearly destitute for decades while DC (and its parent company, Warner Brothers) turned the character into one of the most recognizable — and marketable — icons in the world.
Of course, there's a downside to the pioneering work that Toberoff has done for the Siegels and many other people who found themselves cut out of the financial benefits of characters they helped create: his lawsuits have been so costly that they may delay or even completely scuttle a number of upcoming film and television projects involving Superman. But that's likely a small price to pay if it leads to media companies treating creators fairly from the start to avoid such litigation down the road.
