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{{Short description|Intellectual property attorney}}
'''Marc Toberoff''' is an [[intellectual property]] attorney specializing in [[copyright]] and entertainment litigation.
'''Marc Toberoff''' is an [[intellectual property]] attorney specializing in [[copyright]] and entertainment litigation.


He represented the heirs of [[Superman]] creators [[Jerry Siegel]] and [[Joe Shuster]] in an [[Copyright lawsuits by Superman's creators|unsuccessful effort]] to reclaim the rights to Superman from [[Warner Bros.]] and [[DC Comics]].<ref>{{cite web
He is known for representing the estates of Superman's co-creators, [[Jerry Siegel]] and [[Joe Shuster]], in ongoing litigation with [[Warner Bros.]] and [[DC Comics]] over the original copyrights to ''[[Superman]]''.<ref name="variety">{{cite web|url=https://www.variety.com/article/VR1117983184?refCatId=13|title=Warner vexed by legal Man of Steel {{pipe}} Variety|work=[[Variety (magazine)|Variety]]|accessdate=2014-04-29}}</ref> The lawsuit has become a seminal case regarding the Copyright Act's termination provisions, which permit authors and their estates to recover their copyrights after lengthy time periods. In 2008, Toberoff secured a favorable ruling in the U. S. District Court for the Central District of California. ("After seventy years, Jerome Siegel's heirs regain what he granted so long ago-the copyright in the Superman material that was published in Action Comics, Vol. 1.").<ref name="nytimes">{{cite web|url=https://www.nytimes.com/2008/03/29/business/media/29comics.html?_r=0|title=The New York Times|work=nytimes.com|accessdate=2014-04-29}}</ref><ref>Siegel v. Warner Bros. Entm't Inc., 542 F. Supp. 2d 1098, 1145 (C.D. Cal. 2008)</ref> In 2013, after a part of that decision was reversed on appeal, final judgment was entered upholding the heirs' termination as to Siegel and Shuster's original Superman story and other early works.
|title = Warner Bros. Wins Big in Superman Copyright Case
|url = https://deadline.com/2013/01/warner-bros-wins-big-in-superman-copyright-case-401047/
|website = Deadline
|date = January 10, 2013
}}</ref><ref>
{{cite web
|title = Warner Bros. Wins Superman Copyright Battle Using Facebook Case As Precedent
|url = https://www.wired.com/2013/01/superman-copyright/
|website = Wired
|date = January 11, 2013
}}</ref><ref>{{cite web
|title=Appeals Court Rules for Warner Bros. in Superman Suit
|url=https://archive.nytimes.com/mediadecoder.blogs.nytimes.com/2013/01/10/superman/
|website=New York Times
|date=January 10, 2013
}}</ref>


Toberoff also represents the estate of comic book artist and creator [[Jack Kirby]] in litigation with [[Marvel Entertainment]] regarding the copyrights to Kirby's co-creations, including ''[[Fantastic Four]]'', ''[[X-Men]]'', ''[[The Incredible Hulk|Incredible Hulk]]'', ''[[Mighty Thor]]'' and ''[[Silver Surfer]]''.<ref name="nytimes2">{{cite web|url=https://www.nytimes.com/2010/03/21/business/21marvel.html|title=The New York Times|work=nytimes.com|accessdate=2014-04-29}}</ref><ref name="latimes">{{cite web|url=http://herocomplex.latimes.com/uncategorized/jack-kirby-the-forgotten-hero-in-marvels-grand-hollywood-adventure/|title=Jack Kirby, the abandoned hero of Marvel's grand Hollywood adventure, and his family's quest &#91;updated&#93; {{pipe}} Hero Complex – movies, comics, pop culture – Los Angeles Times|publisher=herocomplex.latimes.com|accessdate=2014-04-29}}</ref> A petition for [[certiorari]] to the U.S. Supreme Court is currently pending.<ref>http://www-deadline-com.vimg.net/wp-content/uploads/2014/04/KIRBY-HEIRS-SCOTUS-PETITION-MARVEL-DISNEY-WM__140403023608.pdf {{Bare URL PDF|date=March 2022}}</ref>
Toberoff also represents the estate of comic book artist and creator [[Jack Kirby]] in litigation with [[Marvel Entertainment]] regarding the copyrights to Kirby's co-creations, including ''[[Fantastic Four]]'', ''[[X-Men]]'', ''[[The Incredible Hulk|Incredible Hulk]]'', ''[[Mighty Thor]]'' and ''[[Silver Surfer]]''.<ref name="nytimes2">{{cite web|url=https://www.nytimes.com/2010/03/21/business/21marvel.html|title=The New York Times|website=[[The New York Times]] |accessdate=2014-04-29}}</ref><ref name="latimes">{{cite web|url=http://herocomplex.latimes.com/uncategorized/jack-kirby-the-forgotten-hero-in-marvels-grand-hollywood-adventure/|title=Jack Kirby, the abandoned hero of Marvel's grand Hollywood adventure, and his family's quest &#91;updated&#93; {{pipe}} Hero Complex – movies, comics, pop culture – Los Angeles Times|publisher=herocomplex.latimes.com|accessdate=2014-04-29}}</ref> A petition for [[certiorari]] to the U.S. Supreme Court is currently pending.<ref>{{Cite web |url=http://www-deadline-com.vimg.net/wp-content/uploads/2014/04/KIRBY-HEIRS-SCOTUS-PETITION-MARVEL-DISNEY-WM__140403023608.pdf |title=Archived copy |access-date=2014-04-29 |archive-date=2014-04-29 |archive-url=https://web.archive.org/web/20140429232144/http://www-deadline-com.vimg.net/wp-content/uploads/2014/04/KIRBY-HEIRS-SCOTUS-PETITION-MARVEL-DISNEY-WM__140403023608.pdf |url-status=dead }}</ref>


In the music industry, Toberoff represents, among others, the children of [[Ray Charles]]. On their behalf, Toberoff prevailed in a suit in the Central District of California regarding the copyrights to fifty-one of his songs, including many of his most famous compositions (e.g., ''[[I Got A Woman]]'', ''It's All Right'', ''[[Hallelujah I Love Her So]]'').<ref name="billboard">{{cite web|url=https://www.billboard.com/biz/articles/news/legal-and-management/1535910/court-rules-for-ray-charles-children-in-copyright|title=Court Rules For Ray Charles Children In Copyright Lawsuit (Updated) {{pipe}} Billboard|publisher=billboard.com|accessdate=2014-04-29}}</ref><ref>The Ray Charles Foundation, Inc. v. Raenee Robinson et al., 919 F.Supp.2d 1054 (C.D. Cal. 2013).</ref><ref name="New York Times">{{cite web|url=http://mediadecoder.blogs.nytimes.com/2013/01/30/in-dispute-over-ray-charles-songs-family-gains-victory-in-court/|title=In Dispute Over Ray Charles Songs, Family Gains Victory in Court|work=nytimes.com|accessdate=2014-05-08}}</ref> The case is on appeal. Toberoff also represents most of the children of [[James Brown]] regarding his copyrights.
In the music industry, Toberoff represents, among others, the children of [[Ray Charles]]. On their behalf, Toberoff prevailed in a suit in the Central District of California regarding the copyrights to fifty-one of his songs, including many of his most famous compositions (e.g., ''[[I Got A Woman]]'', ''It's All Right'', ''[[Hallelujah I Love Her So]]'').<ref name="billboard">{{cite web|url=https://www.billboard.com/biz/articles/news/legal-and-management/1535910/court-rules-for-ray-charles-children-in-copyright|title=Court Rules For Ray Charles Children In Copyright Lawsuit (Updated) {{pipe}} Billboard|publisher=billboard.com|accessdate=2014-04-29}}</ref><ref>The Ray Charles Foundation, Inc. v. Raenee Robinson et al., 919 F.Supp.2d 1054 (C.D. Cal. 2013).</ref><ref name="New York Times">{{cite web|url=http://mediadecoder.blogs.nytimes.com/2013/01/30/in-dispute-over-ray-charles-songs-family-gains-victory-in-court/|title=In Dispute Over Ray Charles Songs, Family Gains Victory in Court|work=[[The New York Times]]|accessdate=2014-05-08}}</ref> The case is on appeal. Toberoff also represents most of the children of [[James Brown]] regarding his copyrights.


Toberoff has been recognized by ''[[Forbes Magazine]]'',<ref name="forbes">{{cite web|url=https://www.forbes.com/2010/11/01/james-cameron-avatar-opinions-powerful-people-10-hollywood_slide_4.html|title=Nikki Finke Picks The Seven Most Powerful People In Hollywood - Forbes|work=forbes.com|accessdate=2014-04-29}}</ref> ''[[The Hollywood Reporter]]'',<ref name="hollywoodreporter">{{cite web|url=https://www.hollywoodreporter.com/lists/marc-toberoff-350387|title=Marc Toberoff - The Hollywood Reporter|work=The Hollywood Reporter|accessdate=2014-04-29}}; [https://www.hollywoodreporter.com/lists/marc-toberoff-210493 "Power Lawyers 2011," The Hollywood Reporter, July 13, 2011]</ref> ''[[Variety (magazine)|Variety]]'',<ref name="variety3">{{cite web|url=https://www.variety.com/article/VR1118012493?refCatId=3841|title=Dealmakers: Lawyers {{pipe}} Variety|work=[[Variety (magazine)|Variety]]|accessdate=2014-05-01}}</ref> and the ''[[Los Angeles Business Journal]]''<ref>http://www.labusinessjournal.com/accounts/login/?next=/news/2010/oct/11/whos-who-law-marc-toberoff/ (subscription required)</ref> as among the most influential intellectual property attorneys in the entertainment industry.
Toberoff has been recognized by ''[[Forbes Magazine]]'',<ref name="forbes">{{cite web|url=https://www.forbes.com/2010/11/01/james-cameron-avatar-opinions-powerful-people-10-hollywood_slide_4.html|title=Nikki Finke Picks The Seven Most Powerful People In Hollywood - Forbes|work=forbes.com|accessdate=2014-04-29}}</ref> ''[[The Hollywood Reporter]]'',<ref name="hollywoodreporter">{{cite web|url=https://www.hollywoodreporter.com/lists/marc-toberoff-350387|title=Marc Toberoff - The Hollywood Reporter|work=The Hollywood Reporter|accessdate=2014-04-29}}; [https://www.hollywoodreporter.com/lists/marc-toberoff-210493 "Power Lawyers 2011," The Hollywood Reporter, July 13, 2011]</ref> ''[[Variety (magazine)|Variety]]'',<ref name="variety3">{{cite web|url=https://www.variety.com/article/VR1118012493?refCatId=3841|title=Dealmakers: Lawyers {{pipe}} Variety|work=[[Variety (magazine)|Variety]]|accessdate=2014-05-01}}</ref> and the ''[[Los Angeles Business Journal]]''<ref>http://www.labusinessjournal.com/accounts/login/?next=/news/2010/oct/11/whos-who-law-marc-toberoff/ (subscription required)</ref> as among the most influential intellectual property attorneys in the entertainment industry.
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{{DEFAULTSORT:Toberoff, Marc}}
{{DEFAULTSORT:Toberoff, Marc}}
[[Category:Copyright attorneys]]
[[Category:Intellectual property lawyers]]
[[Category:Year of birth missing (living people)]]
[[Category:Year of birth missing (living people)]]
[[Category:Living people]]
[[Category:Living people]]

Latest revision as of 01:14, 24 April 2024

Marc Toberoff is an intellectual property attorney specializing in copyright and entertainment litigation.

He represented the heirs of Superman creators Jerry Siegel and Joe Shuster in an unsuccessful effort to reclaim the rights to Superman from Warner Bros. and DC Comics.[1][2][3]

Toberoff also represents the estate of comic book artist and creator Jack Kirby in litigation with Marvel Entertainment regarding the copyrights to Kirby's co-creations, including Fantastic Four, X-Men, Incredible Hulk, Mighty Thor and Silver Surfer.[4][5] A petition for certiorari to the U.S. Supreme Court is currently pending.[6]

In the music industry, Toberoff represents, among others, the children of Ray Charles. On their behalf, Toberoff prevailed in a suit in the Central District of California regarding the copyrights to fifty-one of his songs, including many of his most famous compositions (e.g., I Got A Woman, It's All Right, Hallelujah I Love Her So).[7][8][9] The case is on appeal. Toberoff also represents most of the children of James Brown regarding his copyrights.

Toberoff has been recognized by Forbes Magazine,[10] The Hollywood Reporter,[11] Variety,[12] and the Los Angeles Business Journal[13] as among the most influential intellectual property attorneys in the entertainment industry.

In 2008, Toberoff persuaded the Ninth Circuit to affirm the copyrights of the daughter of Eric Knight in his novel Lassie Come-Home, a case that has helped shape authors' rights under the Copyright Act.[14][15] In 2005, Toberoff secured a preliminary injunction against the Warner Bros. release of its The Dukes of Hazzard movie on behalf of the owners of the indie film, Moonrunners, from which The Dukes of Hazzard television series was derived.[16] Toberoff has also represented writers and other creators in the television industry.[17]

References[edit]

  1. ^ "Warner Bros. Wins Big in Superman Copyright Case". Deadline. January 10, 2013.
  2. ^ "Warner Bros. Wins Superman Copyright Battle Using Facebook Case As Precedent". Wired. January 11, 2013.
  3. ^ "Appeals Court Rules for Warner Bros. in Superman Suit". New York Times. January 10, 2013.
  4. ^ "The New York Times". The New York Times. Retrieved 2014-04-29.
  5. ^ "Jack Kirby, the abandoned hero of Marvel's grand Hollywood adventure, and his family's quest [updated] | Hero Complex – movies, comics, pop culture – Los Angeles Times". herocomplex.latimes.com. Retrieved 2014-04-29.
  6. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2014-04-29. Retrieved 2014-04-29.{{cite web}}: CS1 maint: archived copy as title (link)
  7. ^ "Court Rules For Ray Charles Children In Copyright Lawsuit (Updated) | Billboard". billboard.com. Retrieved 2014-04-29.
  8. ^ The Ray Charles Foundation, Inc. v. Raenee Robinson et al., 919 F.Supp.2d 1054 (C.D. Cal. 2013).
  9. ^ "In Dispute Over Ray Charles Songs, Family Gains Victory in Court". The New York Times. Retrieved 2014-05-08.
  10. ^ "Nikki Finke Picks The Seven Most Powerful People In Hollywood - Forbes". forbes.com. Retrieved 2014-04-29.
  11. ^ "Marc Toberoff - The Hollywood Reporter". The Hollywood Reporter. Retrieved 2014-04-29.; "Power Lawyers 2011," The Hollywood Reporter, July 13, 2011
  12. ^ "Dealmakers: Lawyers | Variety". Variety. Retrieved 2014-05-01.
  13. ^ http://www.labusinessjournal.com/accounts/login/?next=/news/2010/oct/11/whos-who-law-marc-toberoff/ (subscription required)
  14. ^ Classic Media, Inc. v. Mewborn, 532 F.3d 978 (9th Cir. 2008)
  15. ^ "Recent movie-related U.S. copyright battles: Lassie," The Globe and Mail, July 26, 2011.
  16. ^ "Warners ponies up 'Hazzard' pay | Variety". Variety. Retrieved 2014-04-29.
  17. ^ Bernard Weinraub, "'Wild West' Showdown for Early TV Writers; Lawsuit Seeks Royalties for 60's Series," New York Times, July 8, 1999. nytimes.com. Retrieved 2014-04-29.

External links[edit]

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