Marc Toberoff is an

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

attorney specializing in

copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...

and entertainment litigation. 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 DC Comics, Inc. ( doing business as DC) is an American comic book publisher and the flagship unit of DC Entertainment, a subsidiary of Warner Bros. Discovery. DC Comics is one of the largest and oldest American comic book companies, with the ...

over the original copyrights to ''

Superman Superman is a superhero who appears in American comic books published by DC Comics. The character was created by writer Jerry Siegel and artist Joe Shuster, and debuted in the comic book '' Action Comics'' #1 ( cover-dated June 1938 and pu ...

''. 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."). 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. Toberoff also represents the estate of comic book artist and creator

Jack Kirby Jack Kirby (born Jacob Kurtzberg; August 28, 1917 – February 6, 1994) was an American comic book artist, writer and editor, widely regarded as one of the medium's major innovators and one of its most prolific and influential creators. He gre ...

in litigation with

Marvel Entertainment Marvel Entertainment, LLC (formerly Marvel Enterprises) is an American entertainment company founded in June 1998 and based in New York City, New York, formed by the merger of Marvel Entertainment Group and Toy Biz. The company is a wholly ow ...

regarding the copyrights to Kirby's co-creations, including ''

Fantastic Four The Fantastic Four is a superhero team appearing in American comic books published by Marvel Comics. The team debuted in ''The Fantastic Four'' #1 (cover dated Nov. 1961), helping usher in a new level of realism in the medium. It was the first s ...

'', ''

X-Men The X-Men are a superhero team appearing in American comic books published by Marvel Comics, first appearing in Uncanny X-Men, ''The X-Men'' #1 by artist/co-plotter Jack Kirby and writer/editor Stan Lee in 1963. Although initially cancelled in ...

'', '' Incredible Hulk'', '' Mighty Thor'' and ''

Silver Surfer The Silver Surfer is a fictional character appearing in American comic books published by Marvel Comics. The character also appears in a number of movies, television, and video game adaptations. The character was created by Jack Kirby and first a ...

''. A petition for

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

to the U.S. Supreme Court is currently pending. In the music industry, Toberoff represents, among others, the children of

Ray Charles Ray Charles Robinson Sr. (September 23, 1930 – June 10, 2004) was an American singer, songwriter, and pianist. He is regarded as one of the most iconic and influential singers in history, and was often referred to by contemporaries as "The Ge ...

. 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 "Hallelujah I Love Her So" is a single by American musician Ray Charles. The rhythm and blues song was written and released by Charles in 1956 on the Atlantic label, and in 1957 it was included on his self-titled debut LP, also released on At ...

''). The case is on appeal. Toberoff also represents most of the children of

James Brown James Joseph Brown (May 3, 1933 – December 25, 2006) was an American singer, dancer, musician, record producer and bandleader. The central progenitor of funk music and a major figure of 20th century music, he is often referred to by the hono ...

regarding his copyrights. Toberoff has been recognized by ''

Forbes Magazine ''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also rep ...

'', ''

The Hollywood Reporter ''The Hollywood Reporter'' (''THR'') is an American digital and print magazine which focuses on the Hollywood film, television, and entertainment industries. It was founded in 1930 as a daily trade paper, and in 2010 switched to a weekly large ...

'',
"Power Lawyers 2011," The Hollywood Reporter, July 13, 2011
/ref> ''

Variety Variety may refer to: Arts and entertainment Entertainment formats * Variety (radio) * Variety show, in theater and television Films * ''Variety'' (1925 film), a German silent film directed by Ewald Andre Dupont * ''Variety'' (1935 film), ...

'', and the ''

Los Angeles Business Journal The ''Los Angeles Business Journal'', established in 1979, is a weekly newspaper and online news source in Los Angeles, California, which provides coverage of local business news. According to the ''Journals website, it has a weekly print circul ...

'' 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 Eric Mowbray Knight (10 April 1897 – 15 January 1943) was an English novelist and screenwriter, who is mainly known for his 1940 novel ''Lassie Come-Home'', which introduced the fictional collie Lassie. He took American citizenship in 1942 sh ...

in his novel ''

Lassie Come-Home ''Lassie Come-Home'' is a novel written by Eric Knight about a rough collie's trek over many miles to be reunited with the boy she loves. Author Eric Knight introduced the reading public to the canine character of Lassie in a magazine story pu ...

'', a case that has helped shape authors' rights under the Copyright Act. In 2005, Toberoff secured a preliminary injunction against the Warner Bros. release of its ''

The Dukes of Hazzard ''The Dukes of Hazzard'' is an American action comedy TV series that was aired on CBS from January 26, 1979 to February 8, 1985. The show aired for 147 episodes spanning seven seasons. It was consistently among the top-rated television serie ...

'' movie on behalf of the owners of the indie film, '' Moonrunners'', from which ''

'' television series was derived. Toberoff has also represented writers and other creators in the television industry.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.

References

External links

Official website
{{DEFAULTSORT:Toberoff, Marc Copyright attorneys Year of birth missing (living people) Living people