Summary judgment is against 'Smallville'

April 5, 2006 at 8:45 PM

LOS ANGELES, April 5 (UPI) -- Warner Bros. says it will appeal a federal judge's finding that the WB's "Smallville" may be violating the copyright owned by the creator of "Superboy."

A partial summary judgment was handed down in Los Angeles March 23 finding in favor of the widow and daughter of "Superboy" creator Jerome Siegel, Daily Variety reported Wednesday.

Judge Ronald S.W. Lew also said Joanne Siegel and Laura Siegel Larson had recaptured the "Superboy" rights as of Nov. 17, 2004, which puts the ownership of "Smallville" episodes since that date in doubt, Variety said.

Time Warner, Warner Bros. and DC Comics unsuccessfully sought a motion saying "Smallville" did not infringe on the "Superboy" copyright because the 5-year-old series centers around teenage Clark Kent and does not depict the costumed superhero.

Warner Bros. said it "respectfully disagrees" with Lew's rulings and will pursue an appeal.

The copyright infringement suit filed in 2004 by Siegel and Larson is still pending with no start date set.

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