Kid Charlemagne said:
I believe the situation is this: New Line owns the rights to make the Hobbit, and MGM owns distribution rights (as a result of the old HObbit cartoon).
I'd be stunned if Peter Jackson shot it for MGM as opposed to New Line. After New Line put their neck out there for him, it would be a poor way to show appreciation. He'll get many, many, millions to make it, no matter how it gets done, if it gets done.
Appreciation or not, unless New Line have it in their contract with MGM/UA (the one who bought the option to
LOTR and
Hobbit the way Courtney Solomon bought the film option to
D&D) that they have the option to produce the
Hobbit film in the future, MGM/UA is pretty much in the clear.
IOW, if there is such a clause, New Line can sue MGM/UA for breach of contract. MGM will have no choice but to fight the suit, settle it, or honor the contract.
What Sony think about all this? I don't know. But if they want MGM to retain both domestic and overseas distribution rights, they opt for the first two options (but more than likely to settle it out-of-court). Remember, New Line have both production and domestic (US) distribution rights to
LOTR, and if there is such a clause, they'd have the same rights applied to the future
Hobbit film as well.
Kid Charlemagne said:
I've heard a lot of vague "Christopher Tolkien won't let them make it" kinds of rumors, but I haven't heard anything specific to indicate he has any control whatsoever over the making of a Hobbit film.
He has no control over the film right since he's not part of Tolkien Enterprises. Of course, he also make no show of support for the films.