Open letter from Watchmen producer

[Man in the Funny Hat]

Found this from a link at IMDB:
Exclusive: An Open Letter From 'Watchmen' Producers on Hitfix
I find it interesting and I certainly agree, but I had already come to the same conclusions recently after a conversation or two with friends about all the legal nonsense, even before having read those details. Legally, Fox may come out on top, but morally and ethically their behavior is utterly execrable. They had ample opportunity to claim whatever rights they thought they had, and this movie was in production for YEARS. It was not a secret. I rather feel that they sacrificed whatever standing they might have had by thier steadfast silence while knowing that Warner was proceeding with production.

If they delay this movie even a day, or (terrible thought) cause it to be shelved which is not out of the realm of possibility... Heck, if they profit by this bottom-feeding behaviour by a single cent they deserve to feel the most shocking consumer backlash in Hollywood history. I plan to write them a nasty letter. You should too. If I had any idea how to go about it I'd start the petitions.

 

[megamania]

Thankyou for sharing that letter.



In my mind at this point its Law vs justice...... and that is unfortunatly not always the same.


Call me selfish but so long as its released on time I don't care who gets my money.


I do wonder if this case will be an example case used in colleges for teaching law vs ethics vs justice

 

[Vocenoctum]

I can't see how ethically Fox is in the wrong. If they notified WB over and over about the rights and WB gave them the brush off rather than pay for the rights they're using, then WB was in the wrong. They could have gotten out of it cheap when the project started and now are banking on fans reactions to try to get out of paying up, again. (IMO at least)

All the stuff from fans so far seems to come down to "they waited until money was invested", but even the Judge affirmed that WB was given ample notice.

 

[Dannyalcatraz]

I can understand how the producer feels.

But the reality is that WB was well aware what rights Fox had and proceeded at their own risk, and so far, a Judge has agreed with Fox.

Ethically and legally, by ignoring Fox's rights, WB is the malfeasor. Their blithe disregard for the facts is causing pain to their production crew, actors, writers, editors, etc.- everyone and anyone who is hoping to get a share of the $$$ or critical acclaim this movie might receive.

 

[Umbran]

Ethically and legally, by ignoring Fox's rights, WB is the malfeasor.

Well, note the letter - "malfeasor" is a matter of legality. That's for the courts to decide.

I think it is kind of glib to lightly put the blame on one side or the other. Yes, WB could have done more work to get the rights in clear before they began. But, also Fox could have pressed its suit far earlier, to sort the matter out.

So, in terms of the ethics of your average John Q Public, it seems to me that they both have a certain amount of blithe disregard. Mind you, as I understand it, most of the people involved with production are paid an hourly wage or set salary, not based on the movie take. So, they are not in any "pain". They've already been paid and moved on to other projects.

 

[Vocenoctum]

Well, note the letter - "malfeasor" is a matter of legality. That's for the courts to decide.

I think it is kind of glib to lightly put the blame on one side or the other. Yes, WB could have done more work to get the rights in clear before they began. But, also Fox could have pressed its suit far earlier, to sort the matter out.

OTOH, Fox could have been trying to settle it for a long time without going the lawsuit route, and having failed repeatedly, went through with a lawsuit before it was too late.

Now, it's entirely possible that Fox wanted an outrageous amount for the buyout of the rights, but IMO that'd mean the death of the project rather than ignoring the situation and trying to fight it out in the courts.

It just seems that too much of the fan hatred of "money hungry Fox" is based on the idea that Fox wants to hinder release of the movie. We all know Fox wants the movie to be released, make lots of money, so they can get their share. In addition, according to the last court report, it seems entirely WB's fault that it's come this far.

But, I mean, I don't know anything aside from brief readings here and there, I could be totally wrong. (and, right or wrong, my opinion has no bearing on things)

 

[Felon]

If they delay this movie even a day, or (terrible thought) cause it to be shelved which is not out of the realm of possibility... Heck, if they profit by this bottom-feeding behaviour by a single cent they deserve to feel the most shocking consumer backlash in Hollywood history. I plan to write them a nasty letter. You should too. If I had any idea how to go about it I'd start the petitions.

Such melodrama. Here's the reality check: there are real injustices in the world to get worked up about--injustices that dwarf this matter into insignificance.

 

[Dannyalcatraz]

Well, note the letter - "malfeasor" is a matter of legality. That's for the courts to decide.

They did. The Judge has already issued a preliminary order- a summary judgement in Fox's favor, and denied WB's cross-claim for a summary judgement in their favor. That's not just a legal victory, that's a beating.


Here's the order:

http://bradfox.com/downloadables/wat...2408_order.pdf

Conclusion from Judge Feess' ruling in Twentieth Century Fox Film Corp. v. Warner Bros. Entm’t, Inc. et al:
Accordingly, the Court concludes that Fox is entitled to summary judgment on its copyright infringement claim because Fox owns a copyright interest consisting of, at the very least, the right to distribute the “Watchmen” motion picture.

I think it is kind of glib to lightly put the blame on one side or the other. Yes, WB could have done more work to get the rights in clear before they began. But, also Fox could have pressed its suit far earlier, to sort the matter out.

According to Fox and the Judge, WB was repeatedly advised of Fox's interests...and proceeded anyway. AT the least, WB failed to exercise due dilligence.

Judge Feess' ruling:

These hindsight arguments not only seek to vary the terms of the Settlement and Release Agreement, but also seek to nullify the clear understanding reached between extremely sophisticated parties.

<edit>

In the Court’s view, Gordon’s agreement to and execution of the Turnaround Notice indicates a clear understanding that Fox owned important rights in “Watchmen,” including, at the very least, a distribution right, and that Gordon was required to comply with the terms and conditions of the buy-out if he wanted to acquire those rights.

The judge is pretty clear- he not only ruled in Fox's favor, he felt that WB's arguments in court were self-serving revisionism at odds with long-settled California law.

The only thing that is unclear in the ruling is whether Judge Feess has anything else to add to the summary judgement besides details of legal precedents when he releases his supplementary order on Jan 20.

 

[Mistwell]

I can't see how ethically Fox is in the wrong. If they notified WB over and over about the rights and WB gave them the brush off rather than pay for the rights they're using, then WB was in the wrong.

Except that is not how it happened as far as I know. There was no notification I am aware of. WB thought they had done everything necessary to acquire the rights, and they did acquire many of the rights. The were wrong however concerning one portion of the rights, but it is not like Fox was notifying them "you know we still own this" all along. They got notice, from what I know, only after they were already in production.

They could have gotten out of it cheap when the project started and now are banking on fans reactions to try to get out of paying up, again. (IMO at least)

No they could not. If asked, Fox already said they would have said no. Indeed, it's one of the basic claims they made in their injunction request that it was irreparable damage that someone else made it, as they did not want anyone to make it at any price...though apparently it was not so strong a belief that they ever bothered to contact WB about it until it was already made.

All the stuff from fans so far seems to come down to "they waited until money was invested", but even the Judge affirmed that WB was given ample notice.

No, he did not, as far as I can tell. The judge did not find they were given actual notice at the pre-production or earlier stage, from what have read. If you have a link to an article that says WB got earlier notice from Fox and just ignored it, I'd like to read it.

 

[Mistwell]

OTOH, Fox could have been trying to settle it for a long time without going the lawsuit route, and having failed repeatedly, went through with a lawsuit before it was too late.

There were not long term settlement negotiations over this matter. I would not call myself an insider, but I represent an insider, and I know of no long term settlement negotiations. From what I can tell, Fox didn't care up until WB actually went into production and much of the money was already sunk, and then they cared a whole lot.

In addition, according to the last court report, it seems entirely WB's fault that it's come this far.

But, I mean, I don't know anything aside from brief readings here and there, I could be totally wrong. (and, right or wrong, my opinion has no bearing on things)

Which last court report? You mean that the judge found that Fox owns the right? Because it seems like folks have read something I have not read about early pre-production notice, and I am just not aware of any early notice on this case. In fact, it wasn't even WB who initially acquired the rights (it was Golar).