ADDITIONAL CASES DC Comics, Third-Party Plaintiff v. Christopher Wozniak, Third-Party Defendant OPINION & ORDER This case involves competing claims of copyright infringement involving the iconic superhero character Batman. As brought by plaintiff Christopher Wozniak, this action entails claims that defendant Warner Brothers, Inc. (“Warner Brothers”) infringed Wozniak’s copyright. Wozniak claims that in 1990, he wrote a story (the “Story”) about Batman. He claims that Warner Brothers, in its 2022 film The Batman, lifted elements of the Story. He claims that it is liable for copyright infringement, in violation of the Copyright Act, 17 U.S.C. §§101 et seq. Third-party defendant DC Comics, an affiliate which Warner Brothers impled and which owns numerous copyrights to Batman works and characters, counters that Wozniak is the wrongdoer. It brings two counterclaims against Wozniak, whom it contends wrote the Story at a time he was working as a freelance artist for DC Comics. The first counterclaim is for copyright infringement. It alleges that Wozniak’s Story infringes on various DC Comics’ copyrights. The second counterclaim alleges that Wozniak committed copyright fraud on the United States Copyright Office when he registered the Story in 2022. Pending now are motions for summary judgment by Warner Brothers and DC Comics. For the reasons that follow, the Court (1) grants Warner Brothers’ motion in full, disposing of all claims brought by Wozniak; and (2) grants DC Comics’ motion with respect to its claim against Wozniak for copyright infringement, but denies the motion with respect to its claim of copyright fraud. I. Background1 A. DC Comics, Warner Brothers, and Batman 1. DC Comics’ Batman Legacy On March 30, 1939, DC Comics published the first Batman story in Detective Comics. Dkt. 56 (“JSF”) 1. Since then, DC Comics has created and published millions of copies of comic books, newspaper strips, magazines, and graphic novels containing depictions of, and stories about, Batman. Id. 2. Collectively, these works have delineated a literary space centered on the Batman character. They have also developed Batman’s iconic supporting characters (e.g., allies like Robin the Boy Wonder and Alfred the Butler; and villains like the Joker, the Penguin, and the Riddler), venues (e.g., Gotham City and the Batcave), objects and gadgets (the Batmobile, the cape, the utility belt), and recurrent story elements. For ease of reference, the Court, drawing on a formulation used by DC Comics, refers here to this literary space as the “Batman Universe.”2 Between December 1941 and today, DC Comics and its predecessors in interest have registered thousands of copyright registrations for Batman works. Kogan Decl. 4. These include for comics books, television shows, and films, “two-dimensional artwork,” id., Ex. J at 2, “audio, visual[,] and other cinematographic material,” id., Ex. H at 3, and “text adaptation,” id., Ex. J at 3. DC Comics today claims, without effective refutation in this litigation, to own all copyrights and trademark rights in the Batman character, including the literary and graphic depictions of Batman.3 Id. 4.; Def. 56.1 7. 2. Warner Brothers’ Creation of The Batman DC Comics has licensed the Batman character to appear in television shows and movies broadcast throughout the world.4 JSF
4-5. Around 2017, DC Comics’ licensee, Warner Brothers, set out to create a new Batman movie: The Batman. Reeves Decl. 5. In January 2017, Warner Brothers approached Matt Reeves to write and direct The Batman. Id.
