Judge backs Fox's rights to Watchmen

[Krug]

http://www.nytimes.com/2008/08/19/business/media/19movie.html

LOS ANGELES — The dark and damaged superheroes of Warner Brothers’ “Watchmen,” set for release next March, have a new problem on their hands: a federal judge here ruled last week that they may belong to 20th Century Fox.

The judge, Gary A. Feess of United States District Court for the Central District of California, denied a request by Warner last Wednesday to dismiss Fox’s infringement claims.

In the suit, Fox said Warner had infringed its copyrights and interfered with contracts by filming the movie in spite of earlier agreements under which Fox acquired rights to the graphic novel on which it is based.

Fox lawyers have said they plan to seek an injunction blocking release of the film — one of next year’s most anticipated — pending a trial over its rights. In a statement, Scott Rowe, a Warner spokesman, said the judge’s ruling, while allowing the litigation to proceed, did not reflect on the merits of the case. “We respectfully disagree with Fox’s position,” Mr. Rowe’s statement said.

 

[WayneLigon]

I wonder why they didn't trot all that out almost a year ago when production was getting started. Oh, yeah, that would have not been the last minute when it's too late to scrap the film and Warner's wouldn't be able to be extorted for a huge settlement.

 

[Ankh-Morpork Guard]

I wonder why they didn't trot all that out almost a year ago when production was getting started. Oh, yeah, that would have not been the last minute when it's too late to scrap the film and Warner's wouldn't be able to be extorted for a huge settlement.

Actually, I believe Fox DID originally start this earlier this year. This is just Warner's attempt to have it thrown out being overruled by a judge. Thing is, earlier this year, barely anyone cared/knew enough about Watchmen for this to be an issue.

Even at this point, while I don't like seeing this kind of thing, I don't see it stopping the movie. I'd even be surprised if it was delayed at all.

 

[paradox42]

It'd certainly be huge negative press for Fox if it did, given how the fan community operates online these days. Everybody will know exactly why it was delayed, if it is delayed. And nobody outside the top executives of the studios (if even them) will be happy about it.

 

[Felon]

It'd certainly be huge negative press for Fox if it did, given how the fan community operates online these days. Everybody will know exactly why it was delayed, if it is delayed.

Given how the fan community operates, after all the bitchin' and moanin' there'll be zero impact on Fox's profit margins. Boycotts are not a common occurence as the vast majority of people talk big and then fall back into their normal rut.

 

[Phoenix8008]

Well, I sure hope this doesn't delay the movie. I'm really looking forward to this one. From all I've seen and heard they are doing it right with the Watchmen. Hope Fox doesn't screw it up.

 

[Umbran]

Just as a general kibbitz - failing to throw out of court and "backing" are not the same thing.

 

[Man in the Funny Hat]

Just as a general kibbitz - failing to throw out of court and "backing" are not the same thing.

Quite. In what little I've read about the case it's been said nonetheless that this was rather expected, that Warner went ahead with production BECAUSE they knew it might come down to this and they wanted the movie in the can. It also said that just because a judge found legal standing to hold up their claims doesn't actually mean that they have any hope of the final rulings coming down on their side.

In all I got the impression that this is just rote legal wrangling. Fox doesn't REALLY think they've been screwed over by Warner, it's just that they can CLAIM it. Fox and Warner, IIUC, are not the only studios to have worked on trying to get Watchmen produced - Warner just managed to actually do it where everyone else failed. When a project like this has been getting passed around since the last ice age this kind of obnoxiousness is expected and is probably little more than make-work for the studio lawyers. They might get money out of it, but I'm not sure they have any hope of actually delaying release. It's not like Warner STOLE the project from them in the dark of the night. Fox tried and failed to get it made.

 

[Man in the Funny Hat]

Just as a general kibbitz - failing to throw out of court and "backing" are not the same thing.

Quite. In what little I've read about the case it's been said nonetheless that this was rather expected, that Warner went ahead with production BECAUSE they knew it might come down to this and they wanted the movie in the can. It also said that just because a judge found legal standing to hold up their claims doesn't actually mean that they have any hope of the final rulings coming down on their side.

In all I got the impression that this is just rote legal wrangling. Fox doesn't REALLY think they've been screwed over by Warner, it's just that they can CLAIM it. Fox and Warner, IIUC, are not the only studios to have worked on trying to get Watchmen produced - Warner just managed to actually do it where everyone else failed. When a project like this has been getting passed around since the last ice age this kind of obnoxiousness is expected and is probably little more than make-work for the studio lawyers. They might get money out of it, but I'm not sure they have any hope of actually delaying release. It's not like Warner STOLE the project from them in the dark of the night. Fox tried and failed to get it made - that's how it GOT to Warner.

 

[qstor]

This was posted last week. There's a big hearing in two weeks in the case.

Watchmen Case Reaching Climax | Filmonic

I guess they should just settle and WB should give Fox some proceeds from the film.

Damm lawyers

Mike
(lawyer)