Re: Hot Toys - MMS152 - Superman: 1/6th scale Superman Collectible Figure
Only the New 52 doesn't change Superman enough to avoid lawsuit. While his costuming has changed and all of those elements would be protected the story being told with characters used are primarily the family's. They didn't bother to change it enough.
It doesn't matter if DC changes a lot or a little. There will be more lawsuits.
I've often thought this might be a case of "be careful what you wish for". The Siegal and Shuster families probably could begin publishing a Superman title under a new label next year - BUT - watch how often DC begins to counter-sue them over ever tiny detail.
Look at James Bond Thunderball for an example. It was made twice as Thunderball and then Never Say Never Again. Sony tried to remake it again a few years back as Warhead 2000 AD. The more they strayed from Thunderball's story the easier it became for EON to get an injunction against Sony. The more the Siegals and Shusters stray from issue 1 of Superman, the easier it is for DC to pounce.
As goes Superman so goes a dozen other major characters in the near future. Consider Wonder Woman. If "New 52" is really a strategy to retain Superman it may backfire for WW. It is believed the agreement between DC and the family of William Moulton Marston says DC must publish WW every month or the rights go back to the family. Over the years when WW has been without a monthly series she always appears in another periodical, if only for a single panel.
If DC goes to court with the Siegals and Shusters and states the New 52 is not the same as the old characters they may be giving away Wonder Woman.
In my mind Jerry and Joe (and many other creators) were screwed royally by the comic industry over the years. From a creator rights POV I completely understand their cause. But it's not the best thing for the characters.
There will be fallout, no matter what.