Detective Comics, Inc. v. Bruns Publications, Inc.

Detective Comics, Inc. v. Bruns Publications, Inc., 111 F.2d 432 (2d Cir. 1940), the case of Superman v. Wonderman, is a 1940 decision of the Second Circuit in which the court held that the archetype of a comic book hero, in this case a cape-wearing benevolent-Hercules figure (Superman), is an idea, which the copyright in the comic strips does not protect against copying; only the specific details of the strips, their particular expression, enjoy legal protection. The author of the court's opinion was Judge Augustus N. Hand and the panel of Second Circuit judges included Judge Learned Hand.

The defendant Bruns Publications, Inc. published a comic strip magazine that featured an action hero called "Wonder Man". The plaintiff Detective Comics, Inc. published a comic strip magazine called "Action Comics" that featured Superman. Bruns published strips resembling Superman strips. The court described the strips in these terms:

Each publication portrays a man of miraculous strength and speed called "Superman" in "Action Comics" and "Wonderman" in the magazine of Bruns. The attributes and antics of "Superman" and "Wonderman" are closely similar. Each at times conceals his strength beneath ordinary clothing but after removing his cloak stands revealed in full panoply in a skintight acrobatic costume. The only real difference between them is that "Superman" wears a blue uniform and "Wonderman" a red one. Each is termed the champion of the oppressed. Each is shown running toward a full moon "off into the night", and each is shown crushing a gun in his powerful hands. "Superman" is pictured as stopping a bullet with his person and "Wonderman" as arresting and throwing back shells. Each is depicted as shot at by three men, yet as wholly impervious to the missiles that strike him. "Superman" is shown as leaping over a twenty story building, and "Wonderman" as leaping from building to building. "Superman" and "Wonderman" are each endowed with sufficient strength to rip open a steel door. Each is described as being the strongest man in the world and each as battling against "evil and injustice."

A side-by-side comparison of Detective's Superman and Bruns's Wonderman strips is provided in Superman v. Wonderman, along with corresponding passages from the preceding excerpt from the Second Circuit's opinion.

Detective prevailed in the district court, which found Bruns guilty of copyright infringement. Bruns appealed the judgment to the Second Circuit.

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