WB really needs to hire better legal people. Seriously. I mean... they didn't PROPERLY ENSURE THAT THEY HAD THE RIGHTS TO THE DAMN BOOK! Did they just assume that because it was a DC comic that they had the rights?
It's like when Universal sued Nintendo because they thought they should be getting a piece of the Donkey Kong arcade game money because of the similarities to King Kong, only to lose because they didn't actually have the rights to King Kong.
You're forgetting the best part of the entire case: MCA / Universal had been sued a decade earlier, for copyright violations, when it was preparing to release its remake of
King Kong. It won the case by
successfully arguing that King Kong was in the public domain.
There's a great story about this from the Nintendo / Universal lawsuit; when Universal's executives were sitting down with Nintendo's president, Minoru Arakawa, and general counsel Howard Lincoln, who were prepared to settle after the legal department had decided there were no legal grounds to argue the similarities between the properties, Lincoln said, at the start of the meeting, something to the effect of, "We're prepared to offer a fair settlement in this matter. But before we do that, I just need to see some documentation that says you own the rights to
King Kong."
Sid Sheinberg, the head of MCA / Universal, supposedly clammed up, stammered, adjusted himself and said, "
Of course we have the rights."
Lincoln immediately figured that something was up, whispered to Arakawa, "
Don't give them anything. Reschedule this," excused himself and called another Nintendo lawyer, telling him to investigate everything about
King Kong's copyright history.
The rest, as they say, is history (as well as a splintered conference table, after Nintendo informed Sid Sheinberg that the company was not, in fact, settling).
