Superman v. The Greatest American Hero
Warner Bros., Inc. v. Amer. Broadcasting Cos., Inc, 720 F.2d 231(2d Cir. 1983)

1983: Greatest American Hero: Visual Impression is Dominant; Powers are Copyrightable! In response to the success of the Superman movies of the 1970s, American Broadcasting Corporation ("ABC") aired the superhero television program "The Greatest American Hero."
ABC had tried to buy the rights to make a Superman television show, and when rebuffed, set out to create his own version. ABC assigned Cannell the pitch for a show about "what happens when you become Superman." The first design for the costume was "a beige and yellow outfit with a white collar and 'fold-up wings,'" but Cannell rejected it in favor of "a red and black outfit with a cape, somewhat similar to Superman's red and blue costume." ABC then promoted the series using familiar catch-phrases and distinctive music from the Superman movies.

Look up in the sky! It's a bird! It's a plane! It's Superman!	It's a bird! It's a plane! It's -- Ralph Hinkley?

On the show, the character Ralph Hinkley found a colorful and caped costume that endowed the wearer with incredible powers, but lost the instruction manual. The show's three seasons followed his adventures as he struggled to master the powers of the suit while trying to do good. The costume itself bore little resemblance to the Superman garb, but Warner Brothers and its newly-acquired subsidiary DC Comics sued ABC and the show's producer Stephen J. Cannell Productions on copyright infringement and unfair competition theories. Although the claims raised involved many aspects of intent in the creation and promotion of "The Greatest American Hero," the case ultimately turned on whether Hinkley was sufficiently similar to Superman for the claim to survive summary judgment. In spite of Justice Learned Hand's guidance, that "[n]o plagiarist can excuse the wrong by showing how much of his work he did not pirate," the court focused on the substantial differences rather than the substantial similarities and found that The Greatest American Hero did not infringe Superman.
Hinkley is "of medium height with a slight build and curly, somewhat unkempt blond hair." The costume is "a red leotard with a tunic top, no boots, and a black cape."
Perhaps the court didn't consider the entire character when it noted that Superman has verve and dash, Hinkley is perplexed and bumbling. Back to Main Page Superman, Clark Kent TM and (c) DC Comics. All Rights Reserved. Used with Permission. Greatest American Hero TM and (c) Steven J. Cannell Prods. This site is a supplement to an article in a scholarly legal journal for educational use only. No affiliation or endorsement is actual or implied by the use of these images Terms and Conditions of Use

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