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'Watchmen' lawsuit roils Hollywood

Aug 18, 2008, 08:23 PM | by Josh Rottenberg

Categories: 'Watchmen', Movie Biz

--Written by Jeff Jensen

Watchmen_l Last year, Warner Bros. rolled film on Watchmen, Zack Snyder’s $100 million adaptation of a comic book widely hailed as the greatest superhero story ever created. But did the studio even have the right to make the movie at all?

Earlier this year, Twentieth Century Fox filed a lawsuit against Warner Bros. seeking to stop Watchmen’s release (scheduled for March 6, 2009), claiming that it, not Warner Bros., held the distribution rights to any motion picture made from the material. Today, a judge declined Warner Bros.’ request to dismiss the lawsuit, setting the stage for a possibly ugly legal tussle.

The judge’s ruling comes as a shock to many in Hollywood, as most assumed Fox’s claim had no merit. After all, the central figure in this complicated saga is Larry Gordon (Die Hard, Field of Dreams), a veteran producer who surely must have known what he was doing when he began trying to bring Watchmen to the screen 17 years ago—a storied struggle that took him to at least three separate studios (Paramount was close to making the film in 2005 before a regime change put it in turnaround) until finally finding a seemingly happy ending at Warner Bros. Yet according to Fox’s lawsuit, Gordon has a standing agreement dating back to the early '90s to buy out the studio’s interest in the project if he ever got it up and going at another company.

Gordon, who has historically been reluctant to talk about his efforts to produce a Watchmen adaptation, couldn’t be reached prior to deadline for comment. In a statement, Warner Bros. responds: "It is our company's policy not to comment on pending litigation, and thus will not comment on the specifics of this case. That said, the Court's ruling simply means that the parties will engage in discovery and proceed with the litigation. The judge did not opine at all on the merits, other than to conclude that Fox satisfied the pleading requirements. We respectfully disagree with Fox's position and do not believe they have any rights in and to this project."

News of the proceeding lawsuit comes just days after Warner Bros. decided to shore up its 2009 slate—anchored by Watchmen and a new Terminator movie—by moving Harry Potter and the Half-Blood Prince from fall 2008 to next summer. Make of that what you will.

As they say in the comics: to be continued…


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Franz Tue, Dec 30, 2008 at 03:05 AM EST

Fox can't do it !!! they're bastards !!! I think fans don't go to the cinemas for the most fox title in 2009 !!!

Tai Tue, Dec 30, 2008 at 03:01 AM EST

I bet if this was Sony pictures n fox trying to sue Sony. Sony be like.....you sure you wanna ride this train......we make more money than you within a week......ummmm playstation ring any bells...we make tv's for Christ sake.

BooBooKity Tue, Dec 30, 2008 at 12:11 AM EST

Nothing nefarious about the timing of the lawsuit, same thing happened with Silence Of The Lambs, Spiderman, Dick Tracy, Fantastic 4, and others. Rights are a murky issue. Realisticaly as long as the studios get paid the movie will be released.

Now, lets get over it and start working on the Gangsta Babies movie with Will Smith as Pookie!

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Dj Choxie Sat, Sep 13, 2008 at 06:11 AM EST

Fox is utterly ridiculous. What more can you expect from a company that has kept crummy shows like the Simpsons on the air for so many years...

Perhaps they're pissed because the Dark Knight did so well and they're obviously trying to cost Warner money because it would hurt their income and ego if Warner would put out more than one huge box office feature film in less than 12 months. Think about all the money that's been sunk into DKR tickets and how that overshadowed every other movie that came out in the months of July and August.

The Watchmen movie will come out for sure. Whether I chose to pay for anything with a Fox label on it from now on, thats a different story...

Longshot Thu, Sep 4, 2008 at 07:12 PM EST

I'm with anyone who wants to boycott FOX. I have two other friends at work who were as excited for this movie as i was. If FOX continues to attempt the lawsuit, then we have all decided to never watch FOX television or movies.

Andrew Derry Mon, Sep 1, 2008 at 07:32 PM EST

Listen here is where I have a problem with this. Fox doesnt even want money out of it they just want it gone. Why not the money? See I think they are just trying to bully Warner Bros around to try and look tough.

Christopher Wed, Aug 27, 2008 at 12:44 PM EST

Come on, this is great news. Let's make like Alan Moore and thrill ourselves with this case study in poetic justice. The movie would have bore the stamp of the uninteresting Zach Snyder who may have even tried to sneak some jingoistic Frank Miller politics into this one. I think we're better off without it. Enough speaking glibly about Fox as if they stole your prom date; let's appreciate them for trying to accidentally preserve some intellectual property through their greedy, global, self-serving industry politics.

RKM Thu, Aug 21, 2008 at 09:07 AM EST

It is kind of crummy that they waited until the movie was completed to file a lawsuit. Surely they knew it was happening before now. I wouldn't mind if they wanted to sue over the rights to keep Warner Bros. from making it because -they- (Fox) were going to make it, but to wait until it is finished and then try to prevent the release...that's just mean to fans.

Autopath Thu, Aug 21, 2008 at 01:33 AM EST

Look everyone, a petition with hundreds of signatures already. Everyone sign it, and spread the word.

http://www.petitionspot.com/petitions/FOXBoycott

BigQ Thu, Aug 21, 2008 at 12:41 AM EST

I am an avid movie fan, i see about 30-50 movies in the theaters a year, but if the watchmen movie is not released, i will not see a fox movie in a theater or rent it until i see watchmen, and i will certainly rally my friends and coworkers to do the same

Yo Kar Wed, Aug 20, 2008 at 07:40 PM EST

This Big Distributors/Studio are the ones who screw with Independent film-makers. Unless you guys are investors in this movie (and will make millions) - I don't see any reason for anyone of us to be upset about what TWO FAT STUDIOS do LEGALLY

Loki Freeman Wed, Aug 20, 2008 at 01:32 PM EST

I will boycott and urge others to boycott fox releases from now on until Watchmen is released. SCREW YOU FOX!!!!

Johny B Wed, Aug 20, 2008 at 11:55 AM EST

Fox is full of it. They are in for a rude awakening if they keep all this up.

RP Wed, Aug 20, 2008 at 08:00 AM EST

If Fox owned the rights to it then why didn't THEY make the movie?!?! G-d, they're like the local movie critic (yes, Patton Oswalt reference): they feel it's their job to keep everything cool and relevant away from us.

But I also believe that pacifickay is right: this is the REAL reason Half Blood Prince got moved to next year. WB decided to ignore Fox's claim instead of just buying the rights to the movie and now it looks like the fans are the ones who get to pay for it.

Yeah, I know that seeing movies isn't a right or a necessity but it still sucks that yet another movie we were excited to see (and already saw trailers for) may get pushed back.

Lupin Wed, Aug 20, 2008 at 05:24 AM EST

I'm not a fan of the comic as well. One, the plot is swiped from an old episode of OUTER LIMITS (which is acknowledged at the end); Two, the characters are riffs on the Charlton heroes, e.g. Rorschach is The Question and Steve Ditko, not Alan Moore, is its creator. The art is nice, though. I like Moore's V FOR VENDETTA, HALO JONES much better. WATCHMEN is too derivative.

pacifickay Tue, Aug 19, 2008 at 11:29 PM EST

bridizzle - I don't think it's outright karma, but the two are definitely related. If WB had this lawsuit hiding in the shadows since earlier this year, they've known there was a risk to their 2009 fiscal year taking a hit if it was ruled in favor of Fox. I think somewhere, they sat down and said "In the event that 'Watchmen' is delayed, how can we make up for it in 2009?" Thus, they moved Half-Blood Prince. And as someone who was looking forward to BOTH of these movies, I think BOTH situations are really lame. In both cases, WB knew the risks, but didn't do a thing to prevent them fully. *shakes head* Two angry fandoms in under a week? Warner Bros. needs to tread a lot more carefully then they have been in the future.

Autopath Tue, Aug 19, 2008 at 11:12 PM EST

I'm pretty sure Warner Bros for whatever reason thought they could legally proceed with making Watchmen last year, despite any legal action taken by Fox at that early date. Warner Bros. has asserted that they continue to believe they have all the legal rights to it. Let's not boo-hoo Fox. Fox had it's chance to make Watchmen and sat on the project. Warner Bros finally engaged in a worthwhile film endeavor and now Fox wants to capitalize on someone else's effort, money, and likely success. The fact that this amazing creative feat could be buried under legal paperwork over Fox's sour grapes is disgusting.

I for one, will not be seeing The Day the Earth Stood Still this December, unless Fox has the grace to find another, less oppressive way to make their point.

Wyzeguy Tue, Aug 19, 2008 at 10:45 PM EST

There is a lot more info on this story available online for anyone who wants to dig into it. The gist is that Fox does seem to still hold to rights to Watchmen, they sent out a cease and desist order to WB before filming began which WB chose to ignore, and this suit was filed in February. It is just the judge's decision that makes the timing look so fishy.

If all of the legal material that is available is accurate, WB really did screw up and Fox is just protecting their property. I want Watchmen to hit the theaters ASAP, but I don't see it happening without a substantial sum of $ going from WB to Fox.

krinkles Tue, Aug 19, 2008 at 10:42 PM EST

There's the movies, and then there's the industry that is (currently) thriving because of the revenue brought in through licensing their properties. I could care less about the movies in most fashions (save for when certain things grate against what I like, but sue me for being human) but the waters are becoming more and more murky as the comic book publishers over extend themselves and repeat the same publishing boom errors that they made in the 1990's. People need to be more aware of this and understand that these movies by and large, despite their quality (or usual lack thereof (yes, I am looking at every last comic movie Jessica Alba has "acted" in)), are going to cause a huge bubble to burst with comics and send the whole thing tumbling down. They are detrimental and in the worst case scenario could cause Marvel to once again enter Ch 11 to cover their costs. When the movie well dries up, so do the trend hopping fans, and it'll be a sad day for comic lovers and artists all over.

DM Tue, Aug 19, 2008 at 09:46 PM EST

Wow, krinkles, you do sound jaded! I will have to respectfully disagree with your opinion regarding Zach Snyder's talent, and I'm no less of a fan of Watchmen than you. I picked up the graphic novel 10 years ago, and it has remained my all time favorite since then. And while I am worried about how the movie will turn out, I think Zack is probably one of the best choices for the job. He certainly seems to have a great deal of respect for the material, if his interviews are anything to go by. Curse Fox for potentially blocking it's release!
And 'B' - speaking as a 'Milo Ventimiglia fangirl' - not all of us are complete idiots when it comes to popculture and literary history. I thought it was well known that Heroes has drawn extensively - and lovingly, from some classic comic book themes. It's part of why I love the show.

hellboundhalo Tue, Aug 19, 2008 at 09:28 PM EST

Dismiss: Look again. Of course most of the characters are more of anti-heroes and vigilantes but, seriously, Dr. Manhattan is pretty much the DEFINITION of a superhero. Not only is he powerful enough to destroy Superman himself, but he even gained his powers through radiation. That's so superhero it's almost cliche. If he's not a superhero, I don't know what is.

hellboundhalo Tue, Aug 19, 2008 at 09:24 PM EST

I don't EVER see a problem with making a movie from a comic book. If the movie sucks, who cares? The comic is still there. Just because it's been made into a movie doesn't mean all of the copies of the comic get burned. After seeing that there are some great films made from comics (especially this summer with "Iron Man" and "The Dark Knight") I can't believe anyone would say "The less of these comic movies, the better." You would think these people would have shut up by now, especially after "The Dark Knight" has exploded at the box office and gotten fantastic reviews. As with any genre/sub-genre/whatever, there are ALWAYS going to be a lot of bad movies, some good ones, some great ones. They try and sometimes they fail. That's just how it works. Plus, the trailer for this movie makes me think and hope that this movie will do even a little justice to the book. (If it's at least as good as V for Vendetta was, I will be happy)

krinkles Tue, Aug 19, 2008 at 07:30 PM EST

To everyone who has responded to my harsh outlook on the subject matter, you need to understand that this is coming from the eyes of somebody looking for a break in the comic industry and not just some outside observer with zero connections. I see this and many of the other comic book movies as essentially creative strip mining of something that cannot be easily translated onto the big screen, but is attempted with uncharacteristically high chances of complete and utter failure. All the movie studio funneled resources are essentially creating a publishing bubble in the comics industry that will be catastrophically detrimental to creators as a whole when Hollywood pulls its resources out of the comic bins and moves elsewhere (the next elsewhere apparently being the japanese anime/manga gold mine), leaving Marvel and DC over extended in costs and folding down resources left and right. The less of these comic movies, the better, especially when talentless people like Snyder are involved.

Chris Tue, Aug 19, 2008 at 06:13 PM EST

Boycott Fox until you see the movie. Get 10 other people to do so. Make sure they get 10 other people, etc. When fox looses ALL their sales from the comic-geek market, they will change their tune. If any Rorschach-wannabes want to try to take out some "legal troublemakers" to stop, Fox, think twice-- the negative press would definitely kill the movie for sure then.

Sean Tue, Aug 19, 2008 at 04:34 PM EST

Having just finished the GN moments ago, I am extremely disappointed by this news...but I absolutely loved the book. I never quite realized how much of a rip-off the first season of Heroes was until I read this. Like most are saying, I'm guessing Fox just wants money since they are being destroyed at the box office this year, which they'll get and the movie will show as scheduled.

Gre Tue, Aug 19, 2008 at 04:15 PM EST

WATCHMEN (the movie's) biggest obstacle to success is that the concepts introduced in the original novel have been copied and expanded upon for an entire generation.

Kal-El Tue, Aug 19, 2008 at 04:05 PM EST

I agree with Dismiss. I don't see what all the hype is about Watchmen. 1 'superhero' deciding to go loco and play G*d, betraying his 'friends' and what it means to be a hero/superhero. What sub-plot?

Steph F. Tue, Aug 19, 2008 at 03:42 PM EST

Wow, I hate Fox even more now.

dalabillz Tue, Aug 19, 2008 at 03:14 PM EST

sounds to me like fox doesnt want warner bros to have another winning at the box office next summer like they do now with the dark knight......

Tyler Tue, Aug 19, 2008 at 03:14 PM EST

RegularGal, your comment is perceptive - Watchmen is so influential that its influence has almost become invisible. At the time it came out it was unlike anything that came before, but now, there are whole generations of excellent writers who have come of age with Watchmen as part of the foundational literature.

Your taste is good - Bone lost me at the end, but its "Pogo Possum meets Tolkien" look and feel were great. Fables is brilliant, and Y has its moments, tho I don't put it on the top shelf. For me, as the alltimers, I'll take Sandman, with Ramadan as the very best; the middle 3/4s of the Invisibles; the Tantra, Tree of Life and Tarot issues of Promethea; and any single randomly chosen large-size panel from any issue of Transmetropolitan.

Superheroes are fundamentally either silly or a scary fascist fantasy, which is of course the point of Watchmen - the less you like superheroes, the better it is, really.

RegularGal Tue, Aug 19, 2008 at 02:11 PM EST

I was also wondering if fanboys would start boycotting Fox if they actually manage to win... but I don't see it.

RegularGal Tue, Aug 19, 2008 at 02:10 PM EST

While I don't totally agree with Dismiss, I do understand what he's talking about. I read the book last summer -- 'cause I'm trying to discover graphic novels/comics -- and wasn't all that thrilled about it either, but maybe that's because in it's inception that was an original idea, and now everybody's taken that concept and made it their own. Then again, while I like superhero movies, I'm not a superhero comic fan. Gimme Fables, Y Last Man, and Bone anyday. Still, I was looking forward to seeing this on the big screen. It was looking like a great adaption.

Aaron Tue, Aug 19, 2008 at 01:37 PM EST

The only reason fox is so upset is because they realize or feel that this movie is going to be a hit. Now they are pissed they didn't jump on it earlier. If it looked like it was going to flop they probably wouldn't even raise a finger.

B- Tue, Aug 19, 2008 at 01:14 PM EST

I'm going to sit back and wait for the idiots who have never read or heard of Watchmen to claim it ripped off "Heroes" 1st season. When I read some deranged Milo Ventimiglia fan girl say this on another site I just had to roll my eyes. Anyhow, now we see why WB moved Harry. Just in case this got ugly. And hopefully FOX doesn't prevent this from being released, because I will start a Wolverine boycott online if they do. I admire Zach Snyder's skill. The Dawn of the Dead remake is an underrated piece of action horror that I enjoyed a lot. And while 300 lacked the depth of a film like Gladiator, it was still impressive from a technical/visual standpoint. And the trailer for Watchmen with the Smashing Pumpkins song give me friggin goosebumps.

Tyler Tue, Aug 19, 2008 at 01:03 PM EST

While I don't think Watchmen is the Greatest Comic Evar, it's mighty great. Anyone who doesn't understand that is simply commenting on their own intelligence. It is certainly the most influential modern superhero comic, and rightly so; and the densely interwoven layers of the story have influenced creators in media far beyond comics.

I thought it was unfilmable, like Dune is, due to its complexity. But the idea of moving some of the subplots (the comic within the comic, etc) into separate mini-films, to be released on DVD when the movie is on screen and then re-edited into a long Director's Cut, is one of the cleverest ideas for such an adaptation I've ever heard. It preserves the integrity of the story and yet makes the theatrically released film watchably short. This news, and the trailer, have made me at least provisionally hopeful.

Next up, Baz Luhrmann's adaptation of "Promethea" <-- a little Alan Moore humor for the hardcore fans

Shoutout to Jeff J, rocking the comment boards!

mage?! Tue, Aug 19, 2008 at 12:40 PM EST

Seriously, this project has been dogged by controversy and drama since the beginning. As for it's merits as media, it is one the best stories that I have ever read, comic or otherwise. Moore's characters are unflinchingly real and unforgettable. If you are looking for a rocking superhero tale with fights and explosions then this is not the movie or Graphic Novel you are looking for, please leave it alone. I have hope for this movie, but I await it with trepidation. Warner owns DC comics and that means they own the rights to Watchmen, they always have. If this case goes through our courts there is something seriously wrong with America that can not be fixed.

Kroy Tue, Aug 19, 2008 at 12:21 PM EST

Krinkles, while I respect your thoughts on the subject much the same as I do Alan Moore's, I am excited to see the take. Zack Snyder has always been a fan of Watchmen and has defended it's accuracy with his every breath. Dismiss, I don't understand how you can call it boring. It's not meant to be a "superhero" novel in the traditional sense, but in the sense that they are real people who are heroes. And I think that the distinction of best superhero story of all time came when it was named to the 100 Greatest Novels of all Time, the only graphic novel to hold such a distinction. To put it bluntly, yes, it is just you.

Micah Tue, Aug 19, 2008 at 12:08 PM EST

WB attempted to stop the lawsuit after the initial pleadings were filed. In court, for a pleading to be sufficient, it must merely demonstrate a cause of action - a very low threshold. Once the parties engage in discovery, WB will move for summary judgment and the case will be terminated early on - that is, if they don't settle before then. So, while Fox wins round 1, it is only a small battle that only allows the war to be fought.

As for why Fox would wait until now, yeah, they could have filed earlier, but, from a litigation standpoint, why would they? Let WB spend the money and then attack to bring them to the bargaining table. Unfortunately, WB left themselves open to this and Fox took full advantage of it.

Ro Tue, Aug 19, 2008 at 11:31 AM EST

This movie will hit it's release date. To think it won't is not looking at the bigger picture. Money will change hands and the lawsuit will be dropped. There's too much money to be made for it not to come out. I don't usually comment on trolls but, "boring"? "Superhero comic with no superheroes"? While entitled to your own opinion, you didn't really read the book or what it was trying to do with the genre.

Logan Tue, Aug 19, 2008 at 11:21 AM EST

Boring comic? No Superheros in it? My friend you don't know what a superhero is, being a hero has nothing to do with powers and everything to with character.
Now Fox may have the rights to distribution but sitting on a movie that could potentialy be a blockbuster of the Month it gets released is just greedy and a slap in the face to the cosumers who shell $20 a person just to see most of the crap Fox puts out every year.

bridizzle Tue, Aug 19, 2008 at 11:15 AM EST

poetic justice i say ....the greedy got caught looking by the greedy-er....they pushed harry potter and angered and saddend all their fans and now they might not get watchmen out ...karma ...boy do I love it :)

Dismiss Tue, Aug 19, 2008 at 11:08 AM EST

Seriously. It was boring. Worst comic that i have read. In fact, everyone keeps calling it the "greatest superhero comic of all time" and yet
there are NO superheroes in it at all!

It's just my opinion. I didn't like it at all. Maybe it IS just me.

Jeff Jensen Tue, Aug 19, 2008 at 11:05 AM EST

To Dismiss: you're being funny, right? If not, defend yourself, because you might be the only person in the world who feels that way. And Krinkles: "abortion"? Seriously?!

krinkles Tue, Aug 19, 2008 at 11:01 AM EST

Thank God somebody is putting a halt to this abortion of an adaptation... Call me a stick in the mud, but being a die hard fan of Watchmen for many years, I'd rather not see it mangled on the big screen by Snyder's talentless practices of slow-mo overload. Let it simmer in court for years, I say.

Dismiss Tue, Aug 19, 2008 at 10:58 AM EST

It doesn't matter at all. If the movie is anything like the comic....it's gonna suck. The comic was the worst thing i have ever read. Seriously boring. Seriously having no point.

Tue, Aug 19, 2008 at 10:48 AM EST

If Fox didn't know this was in production, they were the only people in Hollywood who didn't know. Studios are very much aware of what major films their competitors have in the works.

cajunsblues Tue, Aug 19, 2008 at 10:48 AM EST

Fox is being greedy-(ier)

I mean how do they not know it was being made. Hollywood lawyers look for this stuff all the time in preproduction to earn their high paychecks.

lame FOX. really lame.

Tue, Aug 19, 2008 at 10:42 AM EST

Who knows if Fox even knew that the movie was in actual production. To assume they knew all of that information and deliberately waited to file suit is stretch.

ryan Tue, Aug 19, 2008 at 10:19 AM EST

I smell countersuit for malicious prosecution... Fox had to know that they were making this movie for months now... why wait until the opposing studio had spent so much money in production if not to ruin them financially?

Shady business.

JSG Tue, Aug 19, 2008 at 09:59 AM EST

Fox? Acting evil?

OMG... that's hard to believe!

pyrs Tue, Aug 19, 2008 at 09:40 AM EST

but the movie is already made.the trailer is out there, at the comic con was wildly talked about.what can the fans of the book expect from this?no movie release at all?that would be a cause for a revolution!now if you don't mind i'm gonna call up my friend Dr Manhattan and have him teleport the Fox exects to Uranus!

Jon Stover Tue, Aug 19, 2008 at 09:28 AM EST

I hope Alan Moore is having a laugh at this!

Jon Tue, Aug 19, 2008 at 09:08 AM EST

That's what I was thinking. DC bought this story out decades ago. And I wonder why Fox would wait until AFTER they finished filming/production to file this kind of lawsuit. Maybe they were waiting to see how good it would be before deciding to go ahead with a lawsuit? Oh well, once again the greedy few take control of art in order to satiate their own small lives.

Silk Spectre Tue, Aug 19, 2008 at 08:49 AM EST

Aw well. Perhaps it's simply not meant to be a movie. They've been trying since the '80s. I would love to see the movie. It's a bit odd that Twentieth Century Fox would have distribution rights, as Watchmen was by DC (owned by Warner).


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