Watchmen

[Ravi]

http://www.nytimes.com/2008/12/25/business/media/25fox.html?_r=1

Judge Says Fox Owns Rights to a Warner Movie
By MICHAEL CIEPLY
Published: December 24, 2008

LOS ANGELES — In a surprise ruling, a federal judge in Los Angeles said he intended to grant 20th Century Fox's claim that it owns a copyright interest in the "Watchmen," a movie shot by Warner Brothers and Legendary Pictures and set for release in March.

The decision was disclosed in a five-page written order issued on Wednesday. Gary A. Feess, a judge in the United States District Court for Central California, said he would provide a more detailed order soon.

Fox has been seeking to prevent Warner from releasing the film. The superhero adventure, based on the "Watchmen" graphic novel, is being directed by Zack Snyder (who also directed "300") and has shaped up as one of most eagerly anticipated releases for next year.

A Warner spokesman, Scott Rowe, declined to comment on the ruling and the studio's plans.

At an earlier hearing, the judge said he believed that issues in the case could be settled only at a trial, which was scheduled for late January. On Wednesday, however, Judge Feess said he had reconsidered and concluded that Fox should prevail on crucial issues.

"Fox owns a copyright interest consisting of, at the very least, the right to distribute the 'Watchmen' motion picture," the ruling said.

Fox acquired rights to the "Watchmen" graphic novel in the late 1980s for the producer Lawrence Gordon, but eventually dropped its own plan to make a movie from its story, about the underside of life for superbeings.

Mr. Gordon later pursued the project with Universal Pictures, and then with Paramount Pictures, before shooting it with Warner and Legendary under an arrangement that allows Paramount to distribute the film abroad.

In ruling on Wednesday, Judge Feess advised both Fox and Warner to look toward a settlement or an appeal.

"The parties may wish to turn their efforts from preparing for trial to negotiating a resolution of this dispute or positioning the case for review," he said.

[MacGuffin]

Fox will fight for 'Watchmen' delay
Source: Hollywood Reporter

Warner Bros.' message to Fox regarding "Watchmen" copyright infringement can be summed up this way: Bring it on.

In a defiant statement issued Monday, Warners said it was prepared to go to trial or to appeal last week's ruling by U.S. District Court Judge Gary Feess, who stated that the studio had infringed on Fox's copyright in making the adaptation of the Alan Moore superhero graphic novel.

"We respectfully but vigorously disagree with the court's ruling and are exploring all of our appellate options," the studio said. "We continue to believe that Fox's claims have no merit and that we will ultimately prevail, whether at trial or in the Court of Appeals."

Fox, meanwhile, is looking for an injunction against the March 6, 2009, release of the movie.

"Watchmen," directed by Zack Snyder ("300"), is one of Warners' tentpoles for next year, with a budget well north of the $120 million. While it is considered a seminal piece of literature with an appeal beyond the geek community, Warners has been carefully implementing a publicity campaign to generate word-of-mouth and awareness of the movie.

Both sides met Monday morning at the Los Angeles federal court, where Feess said he stands by the Christmas Eve ruling and also said he plans to hold a trial Jan. 20 to decide remaining issues such as damages, how far Fox's rights extend, and if to actually block the release of the movie.

Monday's events seem to be a speed bump to a costly settlement, with the hardline postures likely a strategic move for both sides more than anything else. Fox, which finally snapped a long boxoffice losing streak with "Marley & Me," gains most with a settlement, not a blocked release; the studio is already taking a beating in the geek blogosphere for messing with a fan-favorite property. Warners, meanwhile, could be on the hook for millions for developing and then filming a movie in which the film's producer, Larry Gordon, didn't pay Fox turnaround fees after allegedly reacquiring rights to the property.

"We are gratified by the recognition of our rights in the Judge's order, which speaks for itself," Fox said in a statement

[MacGuffin]

Warners, Fox settle over 'Watchmen'
Under the agreement, Fox will not be co-distributor
Source: Hollywood Reporter

Geeks can now rejoice.

Warner Bros. and Fox have resolved their dispute over "Watchmen," with the studios scheduled to present a likely settlement to Judge Gary Feess on Friday morning and request that the case be dismissed.

Terms of the agreement will not be disclosed, but it is said to involve a sizable cash payment to Fox and a percentage of the film's boxoffice. Fox will not be a co-distributor on the film, nor will it own a piece of the "Watchmen" property going forward. The studios are set to release a joint statement announcing the agreement Friday.

A Warners spokesperson would not comment on the settlement. A Fox spokesman said no final deal had been reached.

Fox sued Warners in February, claiming copyright infringement based on agreements the studio had with producer Larry Gordon. Feess ruled on Dec. 24 that Gordon did not secure the proper rights to "Watchmen" from Fox before shopping the project and eventually setting it up with Warners. Feess' decision prompted settlement talks to heat up because Warners faced the prospect of an injunction stopping its March 6 release of the $130 million comic book adaptation.

While Gordon is not a party to the case, Warners is said to be pursuing the producer and his attorneys to reimburse it for the costs of the settlement. During the course of the litigation, Gordon's then-attorney admitted that he negotiated Gordon's 1994 separation from Fox without knowing about a pre-existing 1991 agreement on which Fox has based its lawsuit.

The rare showdown between studios became particularly nasty in recent weeks, with Gordon and the film's other producer, Lloyd Levin, lashing out at Fox for making a claim on the film. Fox repeatedly has stated that it asserted its "Watchmen" rights before Warners began production on the film and that it sued only when its assertions were ignored.

With the settlement giving Fox a piece of "Watchmen's" revenue, the studio now has a rooting interest in the film's success.

[picolas]

Dr. Manhattan retrospective circa 1970

[MacGuffin]

[Stefen]

Visionary director.

Is that just another way of saying he makes pretty pictures, but that's about it?

[SiliasRuby]

Yes....yes it does.

[private witt]

Visionary director.
Is that just another way of saying he makes pretty pictures, but that's about it?

When I saw the words 'visionary' next to the title '300' I actually choked on a little bit of saliva in the back of my throat and spent the next several minutes coughing trying to get it out.

[Kal]

Visionary director.
Is that just another way of saying he makes pretty pictures, but that's about it?

When I saw the words 'visionary' next to the title '300' I actually choked on a little bit of saliva in the back of my throat and spent the next several minutes coughing trying to get it out.

i dont know who you are but a large chunk of your 80 posts came in the past hour or so... you need to relax brotha

[private witt]

Aren't you all complaining that xixax is dead?  You wouldn't tell me to relax if you agreed with me, would you?

[Jefferson]

i dont know who you are but a large chunk of your 80 posts came in the past hour or so... you need to relax brotha

aw, leave him be. post count is important these days. plus, his comment in the clive owen thread was pretty much a stroke of genius.

[hedwig]

i agree with Jefferwho. rock on, witty.

[private witt]

Completely unrelated side note, I checked the xixax general stats and it says that in the last three months over 1,000 new users have signed up here.  That's more than the last three years combined.  Is this an anomaly, or did a bunch of people sign up and then forget about it?

[MacGuffin]

post count is important these days.

I don't we've ever stressed that. I think we are of the general concensus that one smart post is better than a series of dumb ones. Not saying this is the case with Pvt. Witt. But I think since xixax started, we've always wanted valid and honest reviews and opinions rather than a bunch of "This was good" quips if that is all that one is providing.

Completely unrelated side note, I checked the xixax general stats and it says that in the last three months over 1,000 new users have signed up here.  That's more than the last three years combined.  Is this an anomaly, or did a bunch of people sign up and then forget about it?

Spam.

[private witt]

Understood.