You know how Santa Claus gives lumps of coal on Christmas Eve to those who’ve been very, very naughty? Well, so do judges. In a twist befitting the comic book in question, the judge presiding over the legal battle for distribution rights to Watchmen found in favor of Fox. The bottom line: Warner Bros. had absolutely no right to roll film on Zack Snyder’s adaptation of the Alan Moore/Dave Gibbons superhero classic. As fans wait to see if the ruling will prevent the film from being released as scheduled on March 3, Fox and Warner Bros. are waiting to see if the court will determine how much Fox should get for being so wronged — unless the studios decide to settle the matter themselves.
The ruling comes as a surprise to Hollywood observers, mostly because no one expected the judge would issue this ruling at all. The conventional wisdom was that Warner Bros. and Fox would settle privately, and the rightness and wrongness of the situation would never be officially called. Moreover, on Dec. 16, the judge set a Jan. 20 trial date for the dispute, saying he had no intention of fulfilling the request of both parties to issue a summary judgment. Why? Because, he said, the darn thing was just too complicated!
But on Christmas Eve, Judge Gary Allen Feess reversed course and issued a ruling that was clear and decisive. Why did he change his mind? Because Fox and Warner Bros. asked him to. In the wake of Feess’ Dec. 16 edict, both studios pressed him to reconsider and issue a summary judgment, saying that settling this thing between them was all but impossible because they needed his guidance on interpreting an old contract between Fox and Watchmen producer Larry Gordon. That paper appears to indicate the following: Fox has always had the right to distribute a Watchmen movie; anytime Gordon put together a new version of a Watchmen movie (which is to say, develop a new script or snag a new director for the film), he had to offer Fox the chance to produce and distribute it; if Fox passed on the project, Gordon had the right to purchase Fox’s interest in Watchmen and take the project elsewhere.
More details on the ruling and what it means after the jump…
In his ruling, Feess concludes that Gordon never properly presented Fox with the option to produce and distribute the version of Watchmen developed by director Zack Snyder. He also makes it clear that neither Gordon nor Warner Bros. had bought out Fox’s interest before Warner Bros. went into production. Indeed, Feess’ ruling includes a rather sarcastic footnote blasting Gordon for his conduct in resolving this dispute. In section 3, Feess remarks that during Gordon’s deposition, the producer claimed he couldn’t properly recollect his contract with Fox. Feess seems so dismissive of Gordon’s allegedly faulty memory, he makes the following side ruling: Should Gordon suddenly remember some salient bit of information that could now help Warner Bros.’ cause, he should go back to conveniently forgetting about it. “[T]he court will not, during the remainder of this case, receive any evidence from Gordon that attempts to contradict any aspect of this Court’s ruling on the copyright issues under discussion.”
Feess’ plainspoken declaration that Fox has always been in the right on this matter should represent vindication for the studio. Since Fox filed its lawsuit earlier this year, Watchmen fans and entertainment bloggers (including myself) have questioned why Fox waited until Snyder wrapped production before laying claim to the movie. Our questioning, of course, rested on two assumptions: 1. There was no way Gordon and Warner Bros. could have been so dim as to shoot a movie they had no right to make; and 2. If Fox was so possessive of Watchmen, how come it didn’t try harder to stop Warner Bros. from wasting millions and millions of dollars on a movie it had no right to make? But as EW subsequently reported, Fox’s lawyers did contact Warner Bros. prior to Watchmen’s production with the goal of resolving the matter and allowing Warner Bros. to roll film with a clear conscience — albeit one purchased, no doubt, at great expense.
Nonetheless, fanboy vitriol toward Fox for daring to meddle with a movie they have long wanted to see continues to this very day. Just check out aint-it-cool-news’ report on Fox’s victory; the site’s message boards are currently chockablock with choice, colorful words aimed at Fox and its top exec, Tom Rothman, who has become an unpopular figure because of Fox’s spotty track record with genre material under his leadership. Yes, many of them have been huge hits (X-Men; X-Men 3; I, Robot; Fantastic Four), but many of them haven’t (The League of Extraordinary Gentlemen, Daredevil, Elektra, The Day The Earth Stood Still), and with few exceptions (most notably, X-Men 2), none of them have made the hardcore sci-fi/comic book fans very happy due to the studio’s penchant for short running times, stingy budgets, and adaptation choices designed to make the material more mainstream-friendly. For them, Fox’s desire to lay claim to Watchmen gives them an excuse to vent. Some fans have even been calling for a boycott of Fox’s Wolverine next summer if the lawsuit should effectively delay Watchmen’s release indefinitely.
But does any of this really have anything to do with Watchmen? Absolutely not. With Feess’ decision, Fox’s lawsuit — and its victory — should be seen as an important move that really benefits all of Hollywood, as it affirms copyright laws that protect all studios. Fox deserves a break on Watchmen; according to Feess, their beef with Warner Bros. has always been legit.
How much will being right ultimately be worth to Fox? Perhaps a lot; perhaps nothing at all. Warner Bros. has been asking Feess to make one more crucial ruling in this case. The judge articulates the studio’s request like this: “[T]o summarily adjudicate the issue of a contractual cap on the amount of compensatory damages to which Fox is entitled.” Now, I am no lawyer, but here’s how I might rephrase Warner Bros.’ position: “Let’s pretend for a moment that Fox is right in this matter. Judge, could you help us decide a fair price for Fox’s rights? Because we can’t.” Perhaps all along, Warner Bros. has been gambling/banking that the judge will "adjudicate" a relatively affordable price for Fox’s rights, or at least put a price tag on it that’s much lower than the one Fox has been putting on it. As Feess has said that a longer version of his Christmas Eve ruling is forthcoming, perhaps the question of value will be determined at that time.
In the meantime, there are anxieties, questions, and theories: Will Warner Bros. appeal? If it does, Watchmen’s release could be held up by months. If Warner Bros. doesn’t appeal, what will Fox get in return? A cash payout per Gordon’s original contract? A cash payout plus penalties? A share of Watchmen’s total revenues? Might Warner Bros. settle the lawsuit by selling or ceding the film to Fox? If Fox got control of Watchmen, would they release Snyder’s film in its current 2 hour 30 minute form, or would they order him to (gulp) trim it or (double gulp) make changes?
To be continued…
More Watchmen from EW:
Flashback! Watchmen trial set for Jan. 20
Watchmen vs. Star Trek: Pick best trailer
Watchmen: Zack Snyder hosts a sneak peek
Watchmen worth the fuss: Kevin Smith
Flashback! Watchmen war: Fanboys furious with Fox
Watchmen: Exclusive First Look!
Watchmen: A Chat with Director Zack Snyder (July 2008)
Watchmen Creator Alan Moore: The EW Q&A (July 2008)
Watchmen: A Primer for Newcomers
In his ruling, Feess concludes that Gordon never properly presented Fox with the option to produce and distribute the version of Watchmen developed by director Zack Snyder. He also makes it clear that neither Gordon nor Warner Bros. had bought out Fox’s interest before Warner Bros. went into production. Indeed, Feess’ ruling includes a rather sarcastic footnote blasting Gordon for his conduct in resolving this dispute. In section 3, Feess remarks that during Gordon’s deposition, the producer claimed he couldn’t properly recollect his contract with Fox. Feess seems so dismissive of Gordon’s allegedly faulty memory, he makes the following side ruling: Should Gordon suddenly remember some salient bit of information that could now help Warner Bros.’ cause, he should go back to conveniently forgetting about it. “[T]he court will not, during the remainder of this case, receive any evidence from Gordon that attempts to contradict any aspect of this Court’s ruling on the copyright issues under discussion.”
Feess’ plainspoken declaration that Fox has always been in the right on this matter should represent vindication for the studio. Since Fox filed its lawsuit earlier this year, Watchmen fans and entertainment bloggers (including myself) have questioned why Fox waited until Snyder wrapped production before laying claim to the movie. Our questioning, of course, rested on two assumptions: 1. There was no way Gordon and Warner Bros. could have been so dim as to shoot a movie they had no right to make; and 2. If Fox was so possessive of Watchmen, how come it didn’t try harder to stop Warner Bros. from wasting millions and millions of dollars on a movie it had no right to make? But as EW subsequently reported, Fox’s lawyers did contact Warner Bros. prior to Watchmen’s production with the goal of resolving the matter and allowing Warner Bros. to roll film with a clear conscience — albeit one purchased, no doubt, at great expense.
Nonetheless, fanboy vitriol toward Fox for daring to meddle with a movie they have long wanted to see continues to this very day. Just check out aint-it-cool-news’ report on Fox’s victory; the site’s message boards are currently chockablock with choice, colorful words aimed at Fox and its top exec, Tom Rothman, who has become an unpopular figure because of Fox’s spotty track record with genre material under his leadership. Yes, many of them have been huge hits (X-Men; X-Men 3; I, Robot; Fantastic Four), but many of them haven’t (The League of Extraordinary Gentlemen, Daredevil, Elektra, The Day The Earth Stood Still), and with few exceptions (most notably, X-Men 2), none of them have made the hardcore sci-fi/comic book fans very happy due to the studio’s penchant for short running times, stingy budgets, and adaptation choices designed to make the material more mainstream-friendly. For them, Fox’s desire to lay claim to Watchmen gives them an excuse to vent. Some fans have even been calling for a boycott of Fox’s Wolverine next summer if the lawsuit should effectively delay Watchmen’s release indefinitely.
But does any of this really have anything to do with Watchmen? Absolutely not. With Feess’ decision, Fox’s lawsuit — and its victory — should be seen as an important move that really benefits all of Hollywood, as it affirms copyright laws that protect all studios. Fox deserves a break on Watchmen; according to Feess, their beef with Warner Bros. has always been legit.
How much will being right ultimately be worth to Fox? Perhaps a lot; perhaps nothing at all. Warner Bros. has been asking Feess to make one more crucial ruling in this case. The judge articulates the studio’s request like this: “[T]o summarily adjudicate the issue of a contractual cap on the amount of compensatory damages to which Fox is entitled.” Now, I am no lawyer, but here’s how I might rephrase Warner Bros.’ position: “Let’s pretend for a moment that Fox is right in this matter. Judge, could you help us decide a fair price for Fox’s rights? Because we can’t.” Perhaps all along, Warner Bros. has been gambling/banking that the judge will "adjudicate" a relatively affordable price for Fox’s rights, or at least put a price tag on it that’s much lower than the one Fox has been putting on it. As Feess has said that a longer version of his Christmas Eve ruling is forthcoming, perhaps the question of value will be determined at that time.
In the meantime, there are anxieties, questions, and theories: Will Warner Bros. appeal? If it does, Watchmen’s release could be held up by months. If Warner Bros. doesn’t appeal, what will Fox get in return? A cash payout per Gordon’s original contract? A cash payout plus penalties? A share of Watchmen’s total revenues? Might Warner Bros. settle the lawsuit by selling or ceding the film to Fox? If Fox got control of Watchmen, would they release Snyder’s film in its current 2 hour 30 minute form, or would they order him to (gulp) trim it or (double gulp) make changes?
To be continued…
More Watchmen from EW:
Flashback! Watchmen trial set for Jan. 20
Watchmen vs. Star Trek: Pick best trailer
Watchmen: Zack Snyder hosts a sneak peek
Watchmen worth the fuss: Kevin Smith
Flashback! Watchmen war: Fanboys furious with Fox
Watchmen: Exclusive First Look!
Watchmen: A Chat with Director Zack Snyder (July 2008)
Watchmen Creator Alan Moore: The EW Q&A (July 2008)
Watchmen: A Primer for Newcomers
Comments (1-30) of 147 Add your comment
I’m just stunned that this even happened. Those rights must have been horrifically complex in order for WB to miss the fact that they didn’t have the distribution rights all sewn up.
It wouldn’t surprise me to see WB sign over a percentage or co-distribute this in light of the error. I also wouldn’t be surprised to see this torpedo the release schedule.
if this movie doesn’t come out…I’m boycotting everything fox makes and releases!
I mean…this movie is gonna be epic! Why would they take this away from the fans?!?(if they are going to stop release of Watchmen)
if this movie doesn’t come out…I’m boycotting everything fox makes and releases!
I mean…this movie is gonna be epic! Why would they take this away from the fans?!?(if they are going to stop release of Watchmen)
Well one thing is for sure…FOX is going to bare the brunt of the fanboys backlash. If you look at any of the fanboys websites (aint it cool, superhero hype, etc) people are already up in arms about the way FOX is going about this.
THere is a lot of talk about boycotting the Wolverine movie (which does not look good, sorry I love wolverine and all that as well) and even though FOX may have a good legal standing why did they wait till after the movie had a release date to bring suit?
FOX, according to the websites, sucks.
Here come all the “Harry Potter Karma” comments.
Nah! I know that the Harry Potter thing wasn’t fair…but that doesn’t mean that this has to happen!!
You REALLY believe people en mass’ will NOT go see Wolverine? Boycotting a huge film never, ever works. And it certainly won’t. Furthermore, Zach Snyder is a lousy director and the film stands to suffer for that reason. And ninety nine percent of producers and their subsequent companies only care about one thing, money. Not art, not creativity, not meaning or value and certainly not the nauseatingly termed ‘fanboys’.
It’s all about money…
I figure that Fox dragged their asses on this one because they didn’t want to pony up the $ to make it. Now that it’s been made, they figure they can step in and take over.
At least, that’s my take on it.
By all means…talk with your feet and eyeballs. Don’t give Fox your hard-earned dollars if that’s what it takes for them to learn this lesson. Pissing off the fanbois and fangrrls isn’t one of the brightest things any corporation can do…and Fox has some far-reaching fingers that can get smashed in this…it’s not just about motion pictures, they also have television shows that can be boycotted (be sure to boycott their advertisers, and tell them WHY you’re doing it, too – otherwise a boycott is relatively toothless)
Just my 40,000 lire worth…
Alan Moore was right.
‘Nuff Said.
okay, so here are a few things i’d like to say…
To Warnes Bros. – IDIOTS! why would you make this movie when you knew there would be problems with FOX and the contracts? you should have stuck with harry potter in november…. tsk tsk
FOX- if you are stupid about this, at least don’t be jerks. delay it, fine, but only for a month or two. trim it? NO. change the ending so it’s the way it’s supposed to be? please do. but don’t screw around with it too much…. or else.
Why are the fans blaming Fox? They had a legitimate legal grievance over rights they legitimately owned. If anyone’s to blame, it’s WB, for refusing to realize their error and refusing to settle.
Bryan, it has to do with Fox’s dragging of their collective ass while this motion picture was being made.
They could as easily have filed for a work-stoppage order early on during the filming of this motion picture, and they apparently didn’t. It isn’t as if the production of this film has been any great secret, what with fan interest and discussion about it for so long now.
Fox is as much to blame for this fiasco as Warner Bros.
I’m boycotting the Wolverine movie not because i’m mad at fox, but because it looks like it will suck. Pleeeeeease don’t change or delay Watchmen.
Both companies – Fox and Warner Bros. – are too blame for this. Warner Bros. should have made sure everything was legal and tidy before proceeding with the movie and Fox cannot stand there and say they knew nothing about the production or the making of the movie. Why wait til now to file a lawsuit? Me thinks Fox wanted to see how much buzz the movie generated before filing so they can get a share of the pie!
The movie’s already done, right? So what’s the problem? Fox won’t mess with it. I’m sure the only change will be that Fox releases it in the summer. Which to me is smarter than releasing it in March anyway. 300 did well in that spot, that was a fluke. 10,000 BC? I don’t think so. Besides, 300 could have made a lot more money if they released it in the summer. I wonder how pay will now work for the people who worked on the film.
can anyone tell me what the case citation is for this ruling? i am trying to look it up to read the opinion myself but i can’t find it.
FOX SUCKS! I HATE THEM SOO MUCH! THEY ARE GOING TO RUIN DOLLHOUSE! WTF! I HATE THEM! STUPID FOX! ARGHH!
How does this benefit fox? It only serves to annoy people. Greedy punks.
fox just wants money, those greedy basta*rds! idiots. hmmm…
GOOD! This film was nothing more than filthy Obama propoganda. It should be impeached… just like this worthless president.
Leave it to the anti-Obama crowd to find a way to bring up their venom.
The article is about Watchmen, Warner Bros and Fox…not politicians.
And now, back to your regularly scheduled article responses.
To Impeach Obama: go spew your political propaganda somewhere else…this is a movie talkback and nobady cares that you’re still crying about McCain losing. The election’s over, and I’m sick and tired of people dragging it into EVERY conversation. I’m not a Watchmen fan by any means, but I’ve seen enough to realize anyone comparing it to Barack Obama is delusional.
The bottom line in this issue will always be: why didn’t this come up before filming? Is Warner Bros. dumb enough to make an expensive movie that legally wasn’t theirs? And is 20th Century Fox dirty enough to sue now just because a difficult product that they’d given up on years ago finally looks to turn a profit? Are they that childish to sue WB rather than admit they were wrong? I hate hollywood.
…but, I have to admit, I’m still seeing Wolverine next year. I don’t care how dirty 20th Century Fox is; that movie looks good.
Well, you know, since every studio manages to fudge their books on every hit movie to show that it made no profit, so as to avoid paying out contractual percentages of net, I’m sure WB can show that Fox didn’t really lose anything in this godawful mess.
“Daredevil” may not have been a HUGE hit, but it made over a $100 million in the US. I continue to be baffled that this film is often tossed into the barrel of superhero movies that haven’t been successes.
We all know Fox would never have made the movie in the first place, they don’t take risks on material like Watchmen. And even if they did make the movie Fox would have changed the film to have strong religious subtext, and look how good that tactic has paid of for them. Only one 100 million dollar hit all year. Fox is a studio that does not bring invitation to cinema, they only copy what was successful from the year before.
these companies don’t care about the fans who just want to see the movie.
Allowing WB to make the movie without authorization was a very savvy economic decision by Fox. As a business rule, Fox always takes the path of least resistance v. highest profits. Think about it: Fox makes tons of money on salacious TV and low-brow humor and all the profits go toward advancing its right-wing agenda. Brilliant! Fox’s Watchmen legal fees will be far outweighed by the money it will make riding on WB’s coat tails. Fox never would have spent the money and care on the flick that WB did. Watch for the terms of the settlement; if Fox goes for a percentage of the take rather than a flat amount, you can bet it’s going to be a blockbuster. Watchmen fans should rejoice–the movie Fox would have made, if ever, would have been total crap. Left wingers should tap into the Fox business model. Except I don’t know how much more low-brow they could go.
Why is everyone mad at Fox? They asked the WB lawyers to stop and buy them out before the movie was made. WB didn’t. Why should Fox waste their time and money on work stoppage injunctions and all that? If I owned a piece of land and someone started building a house on it, I’d tell them it’s my land and to stop. If they didn’t, I wouldn’t waste my money on court fees and injunctions, I’d let them build the house then when they’re done say, “Guess what…remember when I said it’s my land? It still is. Thanks for the house.” lmao.