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Tolkien Trust Sues New Line, May Kill "Hobbit"

oboreruhito writes "The AP is reporting that the Tolkien Trust and HarperCollins are suing New Line Cinema for $150 million in compensatory damages, unspecified punitive damages, and a court order revoking New Line's rights to produce any more films on Tolkien properties. The Tolkien Trust says that New Line paid them only $62,500 to make 'The Lord of the Rings' trilogy of films — instead of the agreed-upon 7.5 percent of gross receipts of all film-related revenue. The suit may set back, if not kill, a film adaptation of Lord of the Rings prequel 'The Hobbit,' which Peter Jackson had recently signed up to make after his own legal row with the studio over payment for the sequels."

450 comments

  1. When will they learn... by Lumpy · · Score: 5, Insightful

    Studios are scumbags. They do "creative" accounting so that no film ever makes money on paper. If you get suckered into accepting net points you will never EVER see a dime. Gross points are the real money and even then they find ways of hiding that money.

    This is why you see lots of big actors and big name directors and talent working on more and more "indie" films. they actually get what they are promised from the indie companies.

    --
    Do not look at laser with remaining good eye.
    1. Re:When will they learn... by jmv · · Score: 5, Interesting

      The term you're looking for is Hollywood accounting.

    2. Re:When will they learn... by CRCulver · · Score: 4, Interesting

      This is why you see lots of big actors and big name directors and talent working on more and more "indie" films.

      Even so, many films with big-name actors that are called "independent" are nonetheless closely tied to studios. Remember the buzz over Eternal Sunshine of the Spotless Mind , a fresh new film made by a new group of filmmakers outside the mainstream? Well, it came from Focus Features, which despite calling itself an "art house" studio is in fact owned by Universal.

      One wonders if the accounting on European films is more honest. European film industries are heavily subsidized by the state, and when you have to report back to the state on what you've done with their funding, perhaps there is less temptation to cook the books.

    3. Re:When will they learn... by emj · · Score: 1

      Considering Peter Jacksons lawsuit against New Line I'm inclined to believe in you. I'm not sure what an indie film is now days, what wins at Sundance (swedish) is really just good pictures not made by Hollywood.

    4. Re:When will they learn... by Zeinfeld · · Score: 4, Insightful
      Yeah the big actors are all hurting bad aren't they...

      Jackson himself only got paid after he sued New Line. And then New Line refused to hire him for the Hobbit in retaliation.

      Its not just that the people are crooks, they are stupid crooks. They kill the goose that lays the golden egg.

      Tolkein sold the rights to the film version of TLORT to pay a tax bill. At the time the film could not have been made, the technology didn't exist to do it well on a realistic budget.

      What New Line seem to have forgotten is that the contract had a royalty clause. They probably forgot because its stated in terms of profit and everyone knows that the films never make profits after the Holywood accounting and the California courts are owned by the studios.

      Only problem is that the contract was signed in the UK and UK law does not favor the studios on this.

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    5. Re:When will they learn... by camperdave · · Score: 1

      Well, Stallone had to dig up one of his old characters in a desperate attempt to earn some coin. Schwarzenegger, Eastwood, and others have turned to politics as their bread and butter. You hear it in the back room at the Oscars all the time: "Yeah it made good box office, but she's with Frog-Aid now, and she's pulling down charity board of directors' money".

      --
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    6. Re:When will they learn... by epiphani · · Score: 3, Interesting

      Actually, it would appear that Newline is a bunch of crooks. They did the same thing to Peter Jackson himself.

      Article on it

      So not only do they screw the Tolkien trust, but they also screw the guy who MADE the movie. Good job Newline, I have a feeling you may have a hard time attracting talent in the future.

      --
      .
    7. Re:When will they learn... by jcr · · Score: 4, Informative

      Jackson himself only got paid after he sued New Line

      Not exactly. He had already been paid quite a bit, but not nearly as much as they owed him.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    8. Re:When will they learn... by Splab · · Score: 2, Insightful

      You are in fact missing something, the franchise for some of the big movies are in the billions range.

    9. Re:When will they learn... by morgan_greywolf · · Score: 3, Insightful

      You're missing something. The numbers that the studios publish and what they use on a contractual basis are probably two different things. The contracts usually specify how and when the 'net' is computed. They're not bound contractually by what they publish publicly. The problem is that stupid people often sign contracts without an attorney who is familiar with Hollywood looking it over.

    10. re:when will they learn... by ed.han · · Score: 3, Insightful

      what new line seem to have forgotten is that the contract had a royalty clause. they probably forgot because its stated in terms of profit and everyone knows that the films never make profits after the holywood accounting and the california courts are owned by the studios.

      only problem is that the contract was signed in the UK and UK law does not favor the studios on this.


      o, i doubt very much that they forgot. i think it was a calculated decision to save them (new line) money and force a drawn out litgation in which they will make an offer that will wind up costing them (again, new line) less than the royalties.

      "competent courts" as a legal precept is probably very, very basic for IP lawyers, esp those employed by a studio like new line.

      ed
    11. Re:When will they learn... by o'reor · · Score: 2, Insightful

      Good job Newline, I have a feeling you may have a hard time attracting talent in the future.
      Well possibly, but they've got money. When you're desperate enough to find a producer to fund your movie, when you've been preparing your project for a while and money is running low, sometimes you can't be too picky....
      --
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    12. Re:When will they learn... by cbart387 · · Score: 2, Informative

      Eastwood, and others have turned to politics as their bread and butter. Eastwood has also put his considerable clout to directing. 'Letters from Iwo Jima', 'Flags of our Fathers', 'Million Dollar Baby', 'Mystic River' (just to name the ones in the past 5 years). It seems like his ability improves with each movie he makes.
      --
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    13. Re:When will they learn... by Imsdal · · Score: 3, Informative

      Jackson himself only got paid after he sued New Line.

      Not true. jackson got paid according to his contract. However, his contract did not specify that he should get a percentage of the "tie in revenues" (games, toys etc.) He sued New Line to get a piece of that as well.

    14. Re:When will they learn... by mapkinase · · Score: 1

      Then they should probably ask for 7.5% of profit, but no less than X megabucks in their contract.

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    15. Re:When will they learn... by c0p0n · · Score: 1

      Clint is a great character and somehow a genius. Surprising considering his past though.

      --

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    16. Re:When will they learn... by mapkinase · · Score: 2, Insightful

      I do not know about all actors, but actors get fixed salaries (20M per film) AND (sometimes) that percentage. That makes it really good incentive to do Hollywood.

      Big actors do small films mostly because they want to do a favor to somebody, support a cause, or something else immaterial.

      Once small actors get known for their indie films, they inevitably start looking for big roles to cash their indie fame.

      Everybody wants cash: Holliwood-bolliwood, actors, indies-shmindies. It's a business.

      --
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    17. Re:When will they learn... by Anonymous Coward · · Score: 2, Informative

      Show me studio accounting books that state the exact profit made per movie not that crap. you will find it is zero or negative. This is a KNOWN FACT of anyone that has been in Hollywood or worked there. Just because you can find some silly crap on some website does not make you and expert. I worked for 6 years on sets, I was paid far less than promised because a film "did not make as much as expected". I know their bullshit very well. Oh and go ask Stan Lee about how Spider-man 1,2, and 3 did not make any money and he had to sue them for money promised. Of course those movies were flops that nobody went to see.

      Please actually learn about something before you go debunking, you look very uneducated when you do it your way.

    18. Re:When will they learn... by jdbo · · Score: 4, Informative

      IIRC the issue at stake was the fact that New Line struck "sweetheart deals" on much of the "tie-in revenues" which PJ was owed a piece of according to his contract; however, because these deals were struck with subsidiaries of New Line and/or New Lines's parent company, the overall $$ "New Line" (as opposed to the subsidiaries) the $$ that could have been made on those licenses - i.e. this was a shady way for the greater company surrounding New Line to move profits from the "New Line" section of the accounts (a %of which is owed to the cast and crew) while keeping it within the overall company.

    19. Re:When will they learn... by dmsuperman · · Score: 1

      Which is in fact usually less than the movie actually makes, plus those figures are published either after the payout or unofficially, so they can clame it to be false.

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    20. Re:When will they learn... by 192939495969798999 · · Score: 1

      If you're going to do a movie, if you can't get gross points, opt for a dollar amount figure on paper whenever possible. Even if it's only 100,000 dollars vs. net points against some multimillion-$ blockbuster, at least you'll have your money at the end of the day.

      --
      stuff |
    21. Re:When will they learn... by Rogerborg · · Score: 3, Interesting

      Look, I'm going to type this very slowly, because you are clearly hard of understanding. Also, you will need to sit down, because what I am going to tell you will shock you to your very core.

      Studios lie.

      Are you all right? Can you speak? Just keep breathing!

      Please read this. Read all the words. Note how WB acknowledged though their actions that Babylon 5 made a net profit each and every season (or else they'd have shitcanned it). And yet the final figure, long after all production expenses ceased and all the post production merchandising and DVDs sales were in, was a net $80 million loss.

      Studios lie. They lie all the time, to almost everyone. The only people that they have to keep sweet are their big names, and only if they think they can't be replaced. Everyone else has to sue them to get any money, and the studios gamble (and often win) that the peons don't have the necessary resources to do it.

      So feel free to go on arguing about how things should work. The rest of us can discuss how they actually work.

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    22. Re:When will they learn... by k33l0r · · Score: 1

      Tolkein sold the rights to the film version of TLORT to pay a tax bill.

      Not to get pedantic but TLORT? What would that stand for? The Lord Of Rings The?

    23. Re:When will they learn... by Kierthos · · Score: 2, Informative

      The last 'T' stands for Trilogy.

      --
      Mr. Hu is not a ninja.
    24. Re:When will they learn... by Rogerborg · · Score: 4, Interesting

      If your name doesn't come before the title, then you're never, ever getting a sniff of the gross. Even headline producers, writers and directors often can't demand that, and end up with less than the guy working the clapboard for union salary.

      One of the most egregious cases is creator/producer/writer J. Michael Straczynski getting boned over Babylon 5 . He was in for a share of the net, and Warner Brothers demonstrated by their actions that the show was making a net profit every season (or else it would have been shitcanned). However, the final figure, after all production expenses had long since ceased, and all the money from merchandise and DVD sales (half a billion gross!) was in worked out to a claimed $80 million loss. Riddle me that.

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    25. Re:When will they learn... by BerislavLopac · · Score: 1

      Tolkein sold the rights to the film version of TLORT to pay a tax bill. At the time the film could not have been made, the technology didn't exist to do it well on a realistic budget. What New Line seem to have forgotten is that the contract had a royalty clause.
      Are you sure? I understand he sold it for a flat fee, no royalties involved (he never believed the film might be done).
    26. Re:When will they learn... by Zeinfeld · · Score: 3, Interesting
      Not true. jackson got paid according to his contract. However, his contract did not specify that he should get a percentage of the "tie in revenues" (games, toys etc.) He sued New Line to get a piece of that as well.

      I must admit that I was suprised that the studio apparently gave no thought given to the Tolkein Estate interest in the tie-ins. The original contract was pre-Star Wars. They bought an option on the film rights, not the merchandising. Merchandising did not exist in 1969.

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    27. Re:When will they learn... by arminw · · Score: 3, Insightful

      ........Actually, it would appear that Newline is a bunch of crooks.......

      Probably no more than many other businesses and individuals breaking their promises nowadays. It used to be that people, and that includes companies run by them, would keep their word and promises. Big business deals were at one time sealed with a word and a handshake. Today, even a contract with more print than the phone book for a big city may not be honored.

      People incurring debts and then abusing bankruptcy laws to get out of paying is no different. A couple breaking the promise of marriage, or a parent breaking a promise to their son or daughter is really no different, except in the amount of money involved. Breaking a promise these days is no longer considered by many, to be a big deal. It happens all the time and is considered normal by many.

      --
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    28. Re:When will they learn... by John3 · · Score: 4, Funny

      Not exactly. He had already been paid quite a bit, but not nearly as much as they owed him.

      They obviously didn't pay him enough to eat. Didn't you see how much weight he lost after making those films?!? :)

      --
      "We make our world significant by the courage of our questions and by the depth of our answers." Carl Sagan
    29. Re:When will they learn... by TopShelf · · Score: 3, Informative

      But the article says this deal was for 7.5% of gross receipts, not profits, which reduces the opportunity for creative accounting.

      But you're right, studios are scumbags.

      --
      Stop by my site where I write about ERP systems & more
    30. Re:When will they learn... by sorak · · Score: 5, Funny

      So, is the accounting the only creative thing coming out of Hollywood these days?

    31. Re:When will they learn... by f00dif00 · · Score: 1

      Actually, he lost that weight filming King Kong. He was still "just fine" post production of the LOTR.

    32. Re:When will they learn... by Wellspring · · Score: 4, Funny

      They don't need Peter Jackson now-- they have a big hit franchise! Just scoop up Michael Bay and it'll do just fine. Or that guy who did Time Bandits. Whatever, the point is the kids won't know the difference. In this business, movies is movies, and when you got a great property and cash flying around, the artsy types can only mess it up.

      Without guys like us making connections and cutting deals, there'd have been only one Highlander movie. And that would have been a real tragedy.

    33. Re:When will they learn... by Stooshie · · Score: 4, Informative

      ... not like he wrote the story or anything ...

      No, but he co-wrote the screenplay, directed and co-edited all three films(at the same time) and helped set up a company specifically to do the special effects. For him, it was a 10 year project, 24/7(literally). Watch the extras and you'll see he basically lived the film for the entire project. It was only because he put so much effort into it that the film was such a great success, or even got off the ground at all.

      --
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    34. Re:When will they learn... by phlinn · · Score: 1

      Die Bart Die

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
    35. Re:When will they learn... by edwdig · · Score: 4, Informative

      Not true. jackson got paid according to his contract. However, his contract did not specify that he should get a percentage of the "tie in revenues" (games, toys etc.) He sued New Line to get a piece of that as well.

      I believe it went something like this (numbers made up):

      Jackson gets x% of the profit from New Line Pictures.
      New Line Pictures sells the DVD rights to New Line DVD for $0.50 a copy. Open market bidding would've resulted in a price of $10 a copy.
      New Line Parent Company makes tons of money on the DVDs. But Jackson's contract was with New Line Pictures, who barely made any money at all off the DVDs, so Jackson gets very little money.

      There were probably other similar items involved, but DVDs is the one I remember specifically.

    36. Re:When will they learn... by DirkGently · · Score: 2, Funny

      Armed with that, it's still wrong. In "TLORT", we have The Lord Of the Rings Trilogy. If you're going to include the leading article "the", you best include the latter one. "TLOTRT". Hrm. I'm going to have to remember that word next time I GM Cthuluhu.

      Anyway, back to pedantics. I say he just fat-fingered it.

      --

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    37. Re:When will they learn... by Anonymous Coward · · Score: 0

      Weta was setup long before the LOTR movies were made

    38. Re:When will they learn... by Anonymous Coward · · Score: 0

      Look, I'm going to type this very slowly, because you are clearly hard of understanding. Also, you will need to sit down, because what I am going to tell you will shock you to your very core.

      You come across as a real jerk to everyone reading your post and that negates your point before you even try to make it.

      Are you all right? Can you speak? Just keep breathing!

    39. Re:When will they learn... by Anonymous Coward · · Score: 0
      The original contract was pre-Star Wars. They bought an option on the film rights, not the merchandising. Merchandising did not exist in 1969.

      Most option contracts now have expirations on them now. You have X-many years to make the film or they option expires. Since most studios will only by an option if they plan on making the film "soon", its a pretty inconsequential clause.

    40. Re:When will they learn... by Anonymous Coward · · Score: 0

      One wonders if the accounting on European films is more honest. European film industries are heavily subsidized by the state, and when you have to report back to the state on what you've done with their funding, perhaps there is less temptation to cook the books.

      What a crock of shit. You are one double plus good citizen.

    41. Re:When will they learn... by Sparky+McGruff · · Score: 4, Insightful

      It's sort of like CBS and Viacom telling shareholders that online content is worth hundreds of millions of dollars (and suing YouTube for a billion bucks) and then telling the writers that online content doesn't make any money.

      Old joke: Ask a math teacher, how much does five plus five equal, they say "10". Ask a hollywood accountant, they'll close the blinds, shut the door, and whisper "How much do you want it to be?"

    42. Re:When will they learn... by creeva · · Score: 1

      time bandits was done by Terry Gilliam of Monty Python fame

    43. Re:When will they learn... by evilklown · · Score: 2, Funny

      That's because he was still living of LOTR catering that he smuggled out in ziplock bags. I guess King Kong either didn't have catering that was up to par or they had better buffet security.

    44. Re:When will they learn... by evilklown · · Score: 1

      But the studios can't be making money. That's why the MPAA is suing people, right?

    45. Re:When will they learn... by Stooshie · · Score: 2, Informative

      I was talking about Weta digital.

      --
      America, Home of the Brave. ... .and the Squaw.
    46. Re:When will they learn... by LandDolphin · · Score: 1

      Lmao... This was funny.

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    47. Re:When will they learn... by rhkaloge · · Score: 2, Insightful

      Trust me, if your employer gave you 90% of your promised salary, you would complain that you "had not been paid"

    48. Re:When will they learn... by MightyMartian · · Score: 1

      But it isn't really a trilogy at all. It was divided into three parts mainly because of the cost of paper during the first run in the 1950s.

      --
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    49. Re:When will they learn... by morari · · Score: 1

      Except all of those "indie" films with big actors are just as trite as Hollywood, but in an underground/indie vain. Instead of mindless action and explosions, you get so-called offbeat/quirky humor and sappy love stories. Those things are just as manufactured as one another. Real indie films would be Jackson's earlier work. Which was actually good. Go check out Dead Alive, if you need proof. He has dramatically gone down hill in doing his high fantasy trilogy and the seventeenth remake of King Kong.

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    50. Re:When will they learn... by AKAImBatman · · Score: 4, Informative

      which reduces the opportunity for creative accounting.

      That's what you think. By selling the distribution rights to a subsidiary below cost, New Line was able to show a loss on the movie while their subsidiary was showing gangbuster profits. Since the contract was with New Line rather than the subsidiary, the result is that they didn't have to pay out any royalties.

      So sorry. Maybe the next film will do better? Just sign here on the dotted line and we promise cross our hearts that the next film will show a profit. Really.

      I almost guarantee that the judge will take New Line to the cleaners for such accounting. It won't change anything, though, as the studios count on it being too costly to go through a court battle to recover the money you're owed. An occasional loss in court still brings them out ahead.
    51. Re:When will they learn... by Anonymous Coward · · Score: 0
      They don't have the money anymore. New Line is going under

      In a conference call with analysts today, CEO Jeff Bewkes said Time Warner plans companywide cost cuts and specifically mentioned that its New Line Cinema movie studio is ripe for expense reductions. News reports said Bewkes stated that changes in the film industry leave less purpose for New Line. I reported last month that sources told me New Line co-founders Bob Shaye's and Michael Lynne's contracts wouldn't be renewed by Bewkes and that the studio would either be folded into Warner Bros or sold altogether to someone like Terry Semel. My latest info is that when Bewkes met with the New Line pair to deliver the bad news, the twosome pushed back and told Bewkes they would put together a plan for reorganization that would save the company a lot of money in exchange for a contract extension that leaves them as co-heads of the studio. But Bewkes isn't interested in that scenario.
    52. Re:When will they learn... by molarmass192 · · Score: 1

      What do you mean? Every Which Way But Lose should have won an Oscar! I mean "Right turn Clyde", poignant! Joking aside, the fact that Clint directed and starred in Unforgiven more than made up for all that.

      --

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    53. Re:When will they learn... by Tango42 · · Score: 1

      Every lose in court increases the amount of precedent against them which makes it easier to beat them in future.

    54. Re:When will they learn... by Tango42 · · Score: 3, Informative

      Please look up what the word "literally" means.

    55. Re:When will they learn... by Stormwatch · · Score: 1

      European film industries are heavily subsidized by the state, and when you have to report back to the state on what you've done with their funding, perhaps there is less temptation to cook the books.

      I don't know about Europe, but here in Brazil the film industry is also subsidized, especially with tax breaks. And there are two well-known examples of how things go wrong.

      Norma Bengell's "O Guarani" cost R$ 4.9 millions, 1/5th of which simply vanished -- and coincidently, at the same time, she bought an apartment worth pretty much the same.

      Guilherme Fontes' "Chatô, o Rei do Brasil" burned R$ 15 millions, and remains unfinished because he claims to simply have run out of money.

      People support subsidies because their countries can't face Hollywood's hundred-million-bucks blockbusters. But did Roger Corman ever need subsidies? He could take Chatô's budget and produce a dozen movies. And I mean a dozen FUN and PROFITABLE movies.
    56. Re:When will they learn... by AeroIllini · · Score: 2, Insightful

      It used to be that people, and that includes companies run by them, would keep their word and promises. Big business deals were at one time sealed with a word and a handshake. Today, even a contract with more print than the phone book for a big city may not be honored. Yes, let us all pine for a bygone era where everyone was honorable, the sky was bluer, and those pesky things like "laws" didn't need to be enforced because no one broke them.

      Take off your rose-colored glasses and read some history. People are no more or less honorable now than they have ever been.
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    57. Re:When will they learn... by JohnAGonzalez · · Score: 2, Interesting

      I do have one question, though. Why did the Tolkien trust wait until all of the legal battles had been resolved before filing suit? They waited until 7 years after the release of the first film to start legal action. What gives with that?

      Additionally, they are trying to quash the production of "The Hobbit" as a film by NewLine. Now, I don't have any particular feeling about NewLine one way or the other, besides the fact that they are a bunch of tight-fisted jerks who aren't willing to pay people what they agreed, but I don't think that anyone else besides Peter Jackson has the juice to make this film with the same quality and depth as the original films. That, coupled with the fact that he already has the digital and physical properties necessary to start production makes him the logical choice.

      --
      //--- John ---//
    58. Re:When will they learn... by NealokNYU · · Score: 3, Insightful
      "But how do they do this? Why doesn't someone stop them?"


      See, the reason people keep pointing out net points versus gross points is that the studio's accounting for any given movie includes things like the electric bill at the office. New Line might say that the Lord of the Rings grossed a billion, sure, but during that time they had to pay people at the office, pay to keep the lights on in this or that office, pay for the rent for the parking structure (which is owned by New Line in this example). Since the infrastructure costs are infinite and privately held by the company, and the local courts pay obeisance to Hollywood, the cycle continues. All this while studios crow about how much money their movie made-- this is primarily for advertising; everyone ELSE went to see I am Legend, so it must be good, right?-- they turn around and say, "Gee whiz, it's really too bad we didn't see any of that cash. Sure would have been nice!"


      The solution, as has been pointed out, is gross points. Joe Q. Director cannot ask for gross points. Joe Q. Director thanks his lucky stars that he is being given the chance to make a movie for more than $10,000 on a maxed out credit card, so he settles for net points because, hey, maybe they won't fuck him. Stephen Spielberg and Tom Cruise get gross points. And their production company funded the whole thing (i.e. bigger stars can ask for bigger chunks because stars are how the studios swear they make money). Peter Jackson, director of over-the-top horror films in New Zealand, is competent enough to execute the Lord of the Rings project, but he is not powerful enough to cover his ass during the negotiation process. I think this is where New Line didn't consider a human element: if the guy is nuts enough to make the Lord of the Ring movies-- 10 years of 24 hour development-- he's nuts enough to follow your ass all the way into Hell for his paycheck.

    59. Re:When will they learn... by TheLink · · Score: 1

      You call remakes creative?

      Same plot, maybe a few new "accounting effects", but that's it.

      --
    60. Re:When will they learn... by kthejoker · · Score: 1

      First off, Eternal Sunshine of the Spotless Mind was never considered or called "independent" by anybody.

      Secondly, think more like Little Miss Sunshine, which was financed by Big Beach and then *bought* by Fox Searchlight for distribution. Or James Strouse's Grace is Gone with John Cusack, which was bought by Miramax for distribution after it was produced.

      The bottom line of course is that individual data points do not a proof make. But there are a lot of actors who are working more and more outside of the standard studio world, usually on a "one on, one off" basis (see Philip Seymour Hoffman, Sean Penn, and Brad pitt for examples.)

    61. Re:When will they learn... by Bastardchyld · · Score: 1

      So it was divided into three parts but it is not a trilogy?

      Trilogy

      Perhaps it was not originally intended to be a trilogy, but it is what it is.


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      $
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    62. Re:When will they learn... by billius · · Score: 1

      One wonders if the accounting on European films is more honest. European film industries are heavily subsidized by the state, and when you have to report back to the state on what you've done with their funding, perhaps there is less temptation to cook the books.
      While I can see how that would be beneficial in some regards, it also leads to utter travesties like the films of Uwe Boll. I bet German taxpayers aren't too happy to know that their hard-earned money went to subsidize such cinema classics as "House of the Dead" and "Bloodrayne." Of course the wonders of free-market capitalism haven't saved us from shit like "Pearl Harbor"...I wonder when the Invisible Hand is going to strangle Michael Bay?
    63. Re:When will they learn... by AKAImBatman · · Score: 1

      What we really need is to charge Hollywood studios en masse for racketeering. Not only will they be hit with massive fines and structural changes, but the judicial system will get to install an oversight committee who will make the lives of studio execs living hell until they shape up and start playing by the rules. Just ask Microsoft how much fun it is to have prosecutors looking over their shoulder at every turn. ;-)

    64. Re:When will they learn... by MightyMartian · · Score: 1

      There is no great thematic divides between the books. In fact, probably the single biggest divide is between book 1 and book 2 of FotR. While yes, technically, because it came in three parts, it's a trilogy, it's hardly the ideal of a multipart series.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    65. Re:When will they learn... by MightyMartian · · Score: 2, Insightful

      Terry Gilliam doing the Hobbit! I'd see that. I think Gilliam is probably one of the most interesting and unique directors of the last thirty years.

      Of course, this goes against my Tolkien purist strain, but after all the ludicrous liberties that Jackson took with LotR, maybe having someone with some real artistic vision, even twisted artistic vision, would be quite cool.

      Of course, Gilliam has enormous problems of his own right now with keith Ledger's death, so I imagine trying to extricate himself from that is going to occupy some time.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    66. Re:When will they learn... by daninspokane · · Score: 0

      Trust me, if your employer gave you 90% of your promised salary, you would complain that you "had not been paid"
      Maybe it's just us common folk... but (as an example) $900,000 instead of $1 million wouldn't cause me to involve myself in a legal battle with Newline. Like I said, maybe it's just us common folk...
      --
      Slashdot is too nerdy for me.
    67. Re:When will they learn... by cayenne8 · · Score: 1
      "Instead of mindless action and explosions..."

      Wait a minute, you say those terms like they are bad things....?

      I mean....are there 'other' reasons to go to a movie?

      Hehehe...I mean the only two reasons to rent a DVD is either by the explosions on the cover, or if there is a hot chick on the cover, that looks like she might get nekkid in the movie at some point.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    68. Re:When will they learn... by Rogerborg · · Score: 1

      You taste bland. I want more meet food.

      --
      If you were blocking sigs, you wouldn't have to read this.
    69. Re:When will they learn... by RDW · · Score: 2, Funny

      Note sure about the original contract, but here's part of a transcript from one of their recent rounds of negotiations:

      'These are the terms,' said the Messenger, and smiled as he eyed them one by one. 'The Tolkien Estate and its deluded allies shall withdraw at once beyond the Atlantic, first taking oaths never again to assail New Line with lawyers, open or secret. All Lord of the Rings (TM) prequel revenue shall be New Line's for ever, solely. Related mechandising including the Misty Mountains diorama and anything else we knock out to fill a Gap in the Market shall be tributary to New Line, and purchasers shall bear no unauthorized weapon replicas, but shall have leave to be governed by the relevant license agreements. But the Estate shall help to promote the movie which they have wantonly threatened, and that shall be New Line's, and its lieutenant shall direct: not Peter Jackson, but one more worthy of trust.'

    70. Re:When will they learn... by ColdWetDog · · Score: 1

      Riddle me that.

      Lies.

      Damned Lies.

      Accounting.

      --
      Faster! Faster! Faster would be better!
    71. Re:When will they learn... by cayenne8 · · Score: 1
      "Of course, Gilliam has enormous problems of his own right now with keith Ledger's death, so I imagine trying to extricate himself from that is going to occupy some time."

      Hmm...I had to look this up, I didn't know who Keith Ledger was....then figured it was someone named "Heath Ledger"...I'd never heard of him before the news stories of his drug OD...(then I found out why, I never looked at Broke Back Mountain).

      Hmm...I like Gilliam movies, it appears he started this in Dec 2007, and this guy croaked in January...with such a short time, I have to wonder why they can't just go and re-shoot all of his scenes?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    72. Re:When will they learn... by Tango42 · · Score: 1

      That's not really how the legal system works, to my knowledge. What would actually happen is there would be a test case which would establish a precedent, and then each individual studio would be tried separately (the hope being they would settle out of court, based on the precedent established by the test case). I'm not sure if the cases are similar enough for that to work, though - it might be necessary to deal with each individually until they get the picture.

    73. Re:When will they learn... by Anonymous Coward · · Score: 0

      Maybe it's just us common folk... but (as an example) $900,000 instead of $1 million wouldn't cause me to involve myself in a legal battle with Newline. Like I said, maybe it's just us common folk...

      Most common folks think $100,000 is a lot of money.
    74. Re:When will they learn... by Bazar · · Score: 1

      There was also the pilot film that he paid a few million himself to make, and sent off to the studios as a proof of concept thing.

      He got the ball rolling, and kept it rolling.
      He basically nursed his project from nothing from his own funds, to the 6.5 billion revenue earning project it became.

      Lets not forget, hes a great actor in LotR too!

      --
      To avoid criticism; Say nothing, Do nothing, Be nothing.
    75. Re:When will they learn... by smclean · · Score: 2, Insightful

      If I was illegitimately shorted 100 grand I'd sure as hell put myself in a legal battle, as long as court costs wouldn't exceed $100k. Why wouldn't you?

      You'd just let it slide, even though calling some lawyers and putting in a few hours' work on it might recover thousands upon thousands of dollars?

      That's now how business works, I don't think you are in the majority with this one...

      --

      "'Yrch!' said Legolas, falling into his own tongue."

    76. Re:When will they learn... by Darinbob · · Score: 1

      Basically, most people involved with making movies work in much the same way as engineers who make products. They take a salary and their bosses reap the profits. Just like engineers, they can't really afford to refuse to work until they get a bigger share of the pie and a percentage of royalties. Engineers put up with "net", that is stock options that are almost never worth anything, while the bosses get "gross", that is they get rich even if the company goes bankrupt. Everyone's hoping that maybe there's enough net or options to get a new car or maybe even enough to make a downpayment on a house if they're lucky. They don't go into the business to get rich.

    77. Re:When will they learn... by jmv · · Score: 1

      Might as well ask for X megabucks plain and simple. You know that even if the movie is the most successful of all time, the studios will still manage to make it look like it lost money on it.

    78. Re:When will they learn... by MightyMartian · · Score: 1

      We have no idea what has been going on behind the scenes. Often, legal action is the last step after private negotiations have been attempted.

      The other thing to remember that with three movies that were such enormous international successes, there are rather vast amounts of money involved. A couple of people have mentioned 3 billion dollars, which means there is going to be a substantial amount of work in just trying to calculate what is owed. This in and of itself could take a number of years, and as this franchise and the merchandising are still making money, it's a moving target.

      As to shooting down the Hobbit, I expect that that is the Trust's nuclear option.

      The other side of this is that the most important member of the Tolkien family (in regards to Tolkien's literary works) is his son Christopher Tolkien, who has long been against any sort of film adaptation of Tolkien's works. Perhaps he is attempting to scuttle this project.

      And, on a personal note, I thought the movies were really quite silly. While some of the changes I could undestand, in general I found the big plot changes to be just bizarre and pretty pointless.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    79. Re:When will they learn... by MightyMartian · · Score: 1

      Indeed. Eastwood has proven himself one of Hollywood's more talented directors. Let's remember that he's also been directing for a looong time now, it's just that it wasn't until Unforgiven that the idiots at the Academy were able to separate the directory and artist from his considerable on-screen presence.

      Haven't seen Flags of Our Fathers yet, but Letters from Iwo Jima is probably one of Eastwood's finest moments as a director. Of course, he's reached that position of influence and wealth that he can pretty much make any damned film he pleases, and that, I suspect, is why we're seeing the Clint the Renaissance Film Maker happening now.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    80. Re:When will they learn... by rifter · · Score: 1

      Studios are scumbags. They do "creative" accounting so that no film ever makes money on paper. If you get suckered into accepting net points you will never EVER see a dime. Gross points are the real money and even then they find ways of hiding that money.

      TFS says that they did indeed agree to take a percentage of the gross receipts, not the net.

      And yes, Studios are scumbags; it's just another example of how fucked IP law is in this country, such that unrelated corporations reap all the rewards and profits and the actual creators of IP get jack.

    81. Re:When will they learn... by curunir · · Score: 1

      And yes, Studios are scumbags; it's just another example of how fucked IP law is in this country, such that unrelated corporations reap all the rewards and profits and the actual creators of IP get jack.
      It should be pointed out that the actual creator, in this case, has long since died. It's tough to know who to root for in this, the studio, who uses account schemes to hoard all the profit for themselves or the descendants of someone creative who's livelihood is basically paid for with residual income on works they had no part in creating. If I had to choose, I'd probably side with New Line since they did take a pretty substantial financial risk on a relatively-unproven director and producers (they'd done other movies, but nothing anywhere near the scale that LotR ended up being).

      The possibility that they could have been pissing away $100m, however remote, deserves to be rewarded. Studios, in many cases, wouldn't take this kind of risk if they knew that their potential profits were capped at, say, 100% of the movie's budget. In a screwy (pun intended) kind of way, these accounting practices encourage the creation of content, which is the intent behind copyright law. And while I'm first in line to criticize the studios for releasing bland, formulaic drivel, the studios are still behind the vast majority of the limited amount of quality movies being made these days.

      So yeah, this is a prime example of two ways the fucked-up IP laws in this country screw the creators of the content. In and ideal world, Peter Jackson, the actors and the crew would see the majority of the profit and New Line would see a substantial-but-reasonable return on their significant financing of the films. But I feel almost no sympathy with the descendants of JRR Tolkien. Boo-hoo, you aren't getting paid for the work your father/uncle/whatever, get a real job. Be happy that you had a pretty damn cool relative in the family who's intellect you got to experience first-hand.
      --
      "Don't blame me, I voted for Kodos!"
    82. Re:When will they learn... by Anonymous Coward · · Score: 0

      Like I said, maybe it's just us common folk...

      No, it's just you stupid folk. Don't lump us common folk in with you, please? We have enough problems as it is.

      Thanks!

      Sincerely,

      Us Common Folk
    83. Re:When will they learn... by cbart387 · · Score: 1

      Flags of Our Fathers is quite good. There's a book by the same name that is is based off of, which the movie follows fairly closely. If you liked his Letters from Iwo Jima you'll likely enjoy the other. I enjoyed Letters from Iwo Jima more just because I (at least) found it more compelling with the viewpoint of the japanese soldiers.

      --
      Lack of planning on your part does not constitute an emergency on mine.
    84. Re:When will they learn... by The+One+and+Only · · Score: 1

      ...and when you have to report back to the state on what you've done with their funding, perhaps there is less temptation to cook the books.

      Mod parent funny.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    85. Re:When will they learn... by Anonymous Coward · · Score: 0

      >But it isn't really a trilogy at all. It was divided into three parts
      Um, so it's really a trinity?

    86. Re:When will they learn... by makomk · · Score: 1

      Actually, online content is worth hundreds of millions of dollars - just not the content produced by WGA members. (It's worth bearing in mind that the big media companies have their fingers in many pies; for example, I think Neopets is now owned by Viacom, one of the companies the WGA objects to, and Neopets profits contribute to the big figures they're quoting.) In practice, there's not much money to be made in ad-supported online streaming of TV programs right now, relatively speaking; the companies are enthusiastic about it because (a) it's better than people torrenting their stuff, (b) it allows them to make some money from their back catalogs that they perhaps wouldn't be able to make otherwise and (c) it's probably the future.

      tl;dr: don't trust any statistics from the WGA any more than you would from the big media companies, and remember that WGA members are trained in making stuff up.

    87. Re:When will they learn... by Dragoness+Eclectic · · Score: 1

      Two words: Harlan Ellison

      He's someone else who is nuts enough to sue up down and sideways over "Hollywood accounting" and misappropriation of copyright.

      --
      ---dragoness
    88. Re:When will they learn... by Anonymous Coward · · Score: 0

      But "Eternal Sunshine of the Spotless Mind" wasn't marketed as an indie movie. And anyway, it was directed by a first-time French director, known for weird music videos.

    89. Re:When will they learn... by awdau · · Score: 1

      If they were making a loss they would be going out of business.

      Seen many movie studios going out of business lately?

    90. Re:When will they learn... by Peter+Mork · · Score: 1

      Having been on the receiving end of Tolkein's "accounting" practices (namely, them putting companies like ICE out of business to generate cash for the gorram movies), I can only sit back and laugh at them. They can buy my sympathy for, say, 10 times my lost royalties.

      In short (cue Nelson voice): hah-hah!

    91. Re:When will they learn... by Downside · · Score: 1

      "No, but he co-wrote the screenplay, directed and co-edited..." And most importantly, he didn't squeeze out a great steaming, big-budget t**d, as we have come to expect from studios' movie adaptations.

    92. Re:When will they learn... by Zeinfeld · · Score: 1
      Most option contracts now have expirations on them now. You have X-many years to make the film or they option expires. Since most studios will only by an option if they plan on making the film "soon", its a pretty inconsequential clause.

      That depends on who is optioning the film. Producers will frequently option a film for a relatively small amount of money and then hawk it to various studios. The studios then option the producer's option. In some cases there is the right to extend the option.

      I don't know what the Tolkein contract was but we might find out if the suit goes ahead. But I do beleive that there was an expiry date and that it is comming up relatively soon, that is one of the reasons the film finaly got made.

      What is pretty certain is that the original contract included a royalty on the net profit. The sum paid for the rights was only 10,000 pounds which was peanuts for a bestseller even in 1969. The difference was that in 1969 the studios had not begun systematically cheating actors and authors on the net profits.

      Part of the background to the case is the fact that certain rights to the Hobbit expire in 2009. That is why New Line have to start principal photography on the Hobbit soon. The rights to the Hobbit have been around so long that they are fractured, different companies own the production and distribution rights.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    93. Re:When will they learn... by Stooshie · · Score: 1

      From dictionary.com

      Citation 1, definition 3:
      actually; without exaggeration or inaccuracy: The city was literally destroyed.

      Citation 1, definition 4:
      in effect; in substance; very nearly; virtually.

      ... For him, it was a 10 year project, 24/7(literally) ...

      So if he dreamed about the project(which I'm sure he would have) then I used the word correctly.

      They do mention that there are problems with this word in that it is ocassionally used in front of something that is obviously not the case.

      I didn't. I suspect, on a project that size, he did live the project 24/7 for 10 years.

      --
      America, Home of the Brave. ... .and the Squaw.
    94. Re:When will they learn... by Tango42 · · Score: 1

      So he never thought about or did anything else? Seems unlikely. Especially when asleep - you don't dream constantly when asleep, so even if he did dream about the project that doesn't help.

    95. Re:When will they learn... by arminw · · Score: 1

      ...People are no more or less honorable now than they have ever been....

      Well in regard to marriage, I suppose you have never studied divorce statistics between today and a hundred or so years ago. You probably haven't looked at the statistics on lawsuits or scandals in government either.

      When people TRULY believe that they are responsible to a higher power, someone beyond mere men, they do tend to behave better toward each other. When people really believe they are nothing more than an accidental, purposeless collection of subatomic particles, that disappears without a trace, they tend to behave differently than someone who believes that he/she is a special purposeful creation of God, ultimately responsible to Him.

      Before the "enlightenment" of evolution came, most people did believe that there is a God to whom they will, on judgement day, have to give an accounting of their lives. Of course there were back then, just as there are today, many that SAY they believe, but their lives shout just the opposite. They are called hypocrites and were the kind of people that Jesus directed His most scathing words against.

      --
      All theory is gray
    96. Re:When will they learn... by Anonymous Coward · · Score: 0

      Christ on a cracker, did you just blame evolution for Enron?!

    97. Re:When will they learn... by rifter · · Score: 1

      It should be pointed out that the actual creator, in this case, has long since died.

      Not exactly. The creator of LOTR, Tolkien, has died. But the creators of the derivative work referenced in the article are alive and well, and not getting their fair share. The studio executives, who create nothing but trouble, are getting what should belong to the creators of the actual work. That's what I was getting at.

      It's tough to know who to root for in this, the studio, who uses account schemes to hoard all the profit for themselves or the descendants of someone creative who's livelihood is basically paid for with residual income on works they had no part in creating.

      I feel the same way here. However part of the reason for the life+70 years idea (and similar notions) is that the family of the creator can reap rewards in a similar fashion to the widows and children receiving a pension. The ideal state is that the creator himself gets to choose who inherits the estate and thus any royalties due. Since providing for your family and making life easier for your children are prime motivators for economic activity it makes sense to extend that here at least to some degree. How far we go, well, is hard to say.

      I'm more concerned with the situation where the inheritors are either not family (don't know the case here), especially not ones designated by the author of the work, and cases where the inheritor of the property is at odds with the wishes of the author in their use of the property. For instance cases where large corporations somehow manage to own something like this and milk it (or worse, shelve it). I once read that Nietzsche's sister exercised her strict control over his work in such a way that she has been accused of editing, suppressing, or even twisting some aspects of it. Some people really took exception to Tolkien's son editing and publishing the unpublished works of Tolkien. It sucks when someone who does not appreciate the original artist becomes the sole controller of that work and reaps all the benefits besides. I'm not thinking that's the case here, but I could be wrong. After all, I am biased... I liked the Peter Jackson movies, and I watched the Bakshi cartoons before I read the books. Yes I liked them, too, heretic that I am.

    98. Re:When will they learn... by OMNIpotusCOM · · Score: 2, Informative

      You may be right, but another part of it was the games that were made based on his script. He wanted compensation for them using his script for the game instead of going straight from Tolkien's words. He had to sue EA over that aspect of it since the games were reinacting scenes from the movie.

    99. Re:When will they learn... by daninspokane · · Score: 0

      I'd weight the time it would take, the cost, the stress involved... It's not worth it. Not to mention if we are talking Newline V. Me I'd be forced to hire a lawyer that more than likely would end up costing over 100k when all is said and done. It's all hypothetical but I guess I am just one of those contestants on "Deal or no Deal" that Deals at 80k... not worth the stress.

      --
      Slashdot is too nerdy for me.
    100. Re:When will they learn... by Stooshie · · Score: 1

      I didn't say 60/24/7 ;-)

      --
      America, Home of the Brave. ... .and the Squaw.
    101. Re:When will they learn... by Tango42 · · Score: 1

      I think "24/7" generally means all of each hour. Even so, I'm sure he would have spent an hour doing something not related to the project at some point during the 10 years. You were using hyperbole, you were not being literal. Just accept it.

  2. Well sure. by Anonymous Coward · · Score: 0

    It's part of the MPIAA. They want all the money for themselves.

  3. Gee what next by Anonymous Coward · · Score: 0

    I don't think the Hobbit is ever going to be made at this rate.

    1. Re:Gee what next by russellh · · Score: 1

      I don't think the Hobbit is ever going to be made at this rate.
      I'm pretty sure that's not a bad thing.
      --
      must... stay... awake...
    2. Re:Gee what next by mcpkaaos · · Score: 1

      And you know what? That probably suits Bilbo just fine.

      --
      It goes from God, to Jerry, to me.
    3. Re:Gee what next by jdschulteis · · Score: 1

      I don't think the Hobbit is ever going to be made at this rate. This pie is almost guaranteed to be in the tens of millions of dollars; it's only a matter of time before they finish squabbling over who gets what sized piece and start baking it.
  4. Understandable by Xest · · Score: 0, Redundant

    I wouldn't pay anyone much to be able to make "Lord of teh Rings" either, "Lord of the Rings" however I may pay a fair bit more for :p

    1. Re:Understandable by freeweed · · Score: 1

      Offtopic, but...

      In the Transformers, when the Autobots explain that they learned human language from the World Wide Web, I rather expected Optimus Prime to shout out "r u teh sma witwicky?"

      Yes, I have no shame.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  5. Soo ... by phoxix · · Score: 3, Insightful
    Basically the MPAA whines about pirates not paying for films, but itself cannot pay the people who create them ?

    I'm shocked! Shocked!

    We all know that Hollywood Accounting is a complete scam.

    1. Re:Soo ... by hobbitFeet · · Score: 5, Insightful

      I suspect you'll find that no-one at the Tolkien Trust created "The Lord of the Rings". Although I don't approve of the studio's alleged wrongdoing with regards payment, I think it is a bit of a joke how long ownership on these things lasts. (Life + 70 years comes to mind, but that is probably wrong).

    2. Re:Soo ... by hansamurai · · Score: 4, Insightful

      That's a very good point, and I agree with you. But I would bet Christopher Tolkien has had some hand in the Tolkien Trust and he has done quite a bit of work on the Lord of the Rings Universe, whether you agree that's good or bad.

      But I can't believe that New Line is trying to say that they made less than one million dollars on the movies though. That's got to be worst than Cutthroat Island.

    3. Re:Soo ... by NormalVisual · · Score: 4, Interesting

      I'm with you 100% there. Copyright is supposed to encourage authors/composers/etc. to create new works to enrich society. Tolkien isn't even enriching the ground he's buried in anymore, so there's *zero* need for a copyright to continue to exist on his works. Copyright is only providing an income stream for his heirs (and New Line) at the expense of society now.

      I think that New Line is scummy for their shady accounting practices, but they really should not have had to negotiate for the film rights to begin with.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    4. Re:Soo ... by Anonymous Coward · · Score: 0

      Because society would be benefited so much by releasing LOTR to the Public Domain. Hell, elf and dwarf awareness would increase, but think about the potential for corruption by the Ring! And what of the Shire, isn't its obscurity its greatest advantage?

    5. Re:Soo ... by PopeRatzo · · Score: 4, Insightful

      Copyright is supposed to encourage authors/composers/etc. to create new works to enrich society. Tolkien isn't even enriching the ground he's buried in anymore, so there's *zero* need for a copyright to continue to exist on his works.
      Thank you, NormalVisual. I was wondering when someone would state the obvious.

      Since I'm someone who makes a living off his "intellectual property", I've thought about this a lot. I just can't see any benefit (as far as the original purpose of copyright is concerned) for any rights to a work of art to be transferable in any manner. I might go so far as to say an artist should be able to "license" his idea to someone else who wants to extend the work somehow, but there's no reason his grandchildren should be able to reap direct benefits from it.

      If I get rich off my work (probability: imperceptible), I'll leave the dough to my wife and daughter (who both happen to be younger and healthier than me, and thus likely to survive me). I feel the same way about patent. If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop. When he dies, it should become public domain.

      And don't tell me this will "hinder innovation". Innovators innovate. It's what they do.
      --
      You are welcome on my lawn.
    6. Re:Soo ... by ivan256 · · Score: 3, Insightful

      Life + (X number of years) is a good way to keep people from getting killed for access to their highly profitable creation though... 70 years is probably too long, but I think 15 years is reasonable.

      Of course I personally favor the "infinite copyright period with frequent renewals and exponentially increasing fees" model. I doubt we'll ever see that though.

    7. Re:Soo ... by zippthorne · · Score: 1

      I feel the same way about patent. If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop. When he dies, it should become public domain.


      And that's why it's life +something. You can argue that the +something is too large, but it needs be non-zero (or an absolute right whose expiration is completely independent of the life of the creator) to mitigate the risk to the licensee that the idea they're paying for suddenly becomes worthless to them by virtue of being free to everyone else.

      Obviously, even with that risk, there is some value to the company to have the ability to produce things before other companies and whatnot. It's just that the risk modifies how much the company can pay the creator for his work. Compensation would have a substantial modifier due to the creator's health, rather than simply how much benefit his work is to society.
      --
      Can you be Even More Awesome?!
    8. Re:Soo ... by Ubukool · · Score: 1

      hmmmmmm......karma! What goes around, comes around.

    9. Re:Soo ... by Anonymous Coward · · Score: 0

      Are you kidding me? How is having a copyright on The Lord of the Rings discouraging authors to create new works? The copyright doesn't affect new creativity. It prevents people from using existing works without compensation (which is the opposite of new creativity). If I want to write a book, how is stealing content from an existing book creative? It prevents other people from being able to benefit monetarily from the work when they had no contribution to it.

      Why shouldn't his works provide an income stream for his heirs? How is this any different from any other business? Should I be able to stay at a Hilton for free because Conrad Hilton is dead? Why should someone be able to own the Mona Lisa since Da Vinci is dead? Copyright should be treated the same as any other material ownership. If you want to make money off of it why should you be allowed to do it for free?

    10. Re:Soo ... by Tom · · Score: 1

      Nevertheless, they are a part of the very industry that pushed (and pushes) for longer and longer copyrights, so it's only fair that it affects them, too.

      --
      Assorted stuff I do sometimes: Lemuria.org
    11. Re:Soo ... by canajin56 · · Score: 3, Insightful

      You can't believe it? Every movie ever made in the past 100 years has lost money. The studios ate like 100M in pure loss on Spiderman, after all. That's why they couldn't pay Marvel or Stan Lee anything, they agreed to net points and the movie was sheer loss. Dunno how they raised funds for Spiderman II and III when the first one lost so much money and they had to beg the government for a bailout package (which they received). It's standard practice and they all do it. You leave your own salary blank in the accounting books. A few weeks after launch, you know more or less how much the movie made and will make. So you just put a larger number than that into your salary. Boom, finish up the books, your film lost money. Now you can't pay all the people who agreed to a split of the profits. The best part is now California and the Feds pay you millions of dollars to bail you out! AND since you lost money, you can write the loss off on your taxes. So not happy with accounting fraud and contract fraud, they also commit tax fraud and defraud government programs. But some of the money they steal goes to bribe...oops I mean lobby politicians, and mysteriously their criminal actions are never investigated.

      --
      ASCII stupid question, get a stupid ANSI
    12. Re:Soo ... by Dachannien · · Score: 1

      I think that New Line is scummy for their shady accounting practices, but they really should not have had to negotiate for the film rights to begin with. I like to view this situation as them lying in their own made bed. After all, it's the content industry that demanded ridiculous copyright terms (and multiple extensions, to boot), so it warms the cockles of my heart to see one of them get bit on the ass.

    13. Re:Soo ... by NormalVisual · · Score: 1

      And here ladies and gentlemen, is someone that totally misses the point of copyright.

      How is having a copyright on The Lord of the Rings discouraging authors to create new works? The copyright doesn't affect new creativity.

      It doesn't? Let's see how far you get trying to publish "Frodo's Adventures with the Anonymous Coward". You can't until the copyright expires, even though your story may be of surpassing quality such that it could become beloved to millions just as the original Ring trilogy did. Let's not forget that Walt Disney would not have been able to build his empire had there not been plenty of existing stories for him to adapt and turn into movies without regard for existing copyrights. Let's also not forget that LOTR itself is a variation on the basic quest story, which has been told in one form or another for thousands of years. Should the descendants of Homer have been able to bring suit against Tolkien years ago?

      If I want to write a book, how is stealing content from an existing book creative?

      Because that's how the process works - there are *very* few totally original stories out there, LOTR among them. "West Side Story" is a sparkling example that shows how a story almost 400 years old could be adapted and retold in a wholly original manner. Just because you have a lack of imagination is no reason to deny society that which belongs to it.

      Copyright should be treated the same as any other material ownership

      Why? There's nothing material to be owned. It's an expression of an idea, not property that can be held and used.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    14. Re:Soo ... by Anonymous Coward · · Score: 0

      So what happens when that individuals work becomes a company (as happens to many of us) and you die? Presumably the company controls copyright beyond the death of the creator so as to continue successful exploitation of the product/work. It's not just about your wife and your daughter, you've now got to support possibly hundreds of people on your idea.

    15. Re:Soo ... by Harin_Teb · · Score: 1

      While the patent system DOES have many problems, Patent terms are not one of them (currently). As it is patents last for 20 years from the Date of filing.* This is true weather the inventor dies immediatly after iventing or lives for another 60 years.

      *Not EXACTLY correct, but close enough for engineering work.

    16. Re:Soo ... by WhiteWolf666 · · Score: 1

      So, as in TFA, you think the film making license to "The Lord of the Rings" universe for life+something is = approximately $65,000?

      If that's the case, then I think the total contribution of copyright to the economy is far too low to justify the enforcement dollars the government needs to spend on guarding all this "life+something" IP. Perhaps we would be better off decriminalizing copyright infringement, in the hope that we could eliminate some of the hundreds of millions spent yearly on the protection of assets worth a few thousand dollars?

      Or, perhaps, those assets are worth far more than that, but because the very notion of IP is screwy, copyright is an ineffective tool at guarding the little guys interest, since the big guy will just push the little guy around, and even use copyright to screw the consumers?

      Just a thought.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    17. Re:Soo ... by Anonymous Coward · · Score: 0

      but there's no reason his grandchildren should be able to reap direct benefits from it. ...When he dies, it should become public domain.


      I agree modulo a big red bus. If you die shortly after making your creation, your estate should get a reasonable extension on the life of your IP. There should be a min/max formula similar to what exists now. It should just be much shorter.
    18. Re:Soo ... by Phroggy · · Score: 1

      If I get rich off my work (probability: imperceptible), I'll leave the dough to my wife and daughter (who both happen to be younger and healthier than me, and thus likely to survive me). I feel the same way about patent. If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop. When he dies, it should become public domain. If I create something, and it sells well enough during my lifetime to make me rich, I can let my family inherit that wealth when I die. The potential for this to happen encourages me to create it in the first place.

      If I create something, and it doesn't sell well during my lifetime but does begin to sell well as soon as I've gotten hit by a bus, I can let my family inherit the copyright so that they can collect the money I would have gotten if I'd lived longer. The potential for this to happen encourages me to create it in the first place, especially if I'm old and don't think I'll live to collect royalties myself.

      The point isn't just to pay the person who created the work as a reward for their efforts. The point is to offer them an incentive (the promise that they or their children or grandchildren will be paid if the work is successful) in advance, before they've decided whether to invest the time and/or money required to create the work in the first place. Are we (society) offering them too much (is the term of copyright too long)? Yes, and we can debate that issue, but let's not misunderstand the purpose.
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    19. Re:Soo ... by Kayyham · · Score: 1

      When he dies, it should become public domain.

      I wholeheartedly agree with your sentiment, but I can't help wondering if linking death -> public domain without any delay would lead to some killings. I don't really see why you would want to provide a motivation to kill someone when there is an easy alternative - in this case simply make the copywrite expire after a fixed period.

    20. Re:Soo ... by frieko · · Score: 1

      It's still outrageously hypocritical of them. Remember those commercials about "when you pirate a movie it hurts the little guys"? Well apparently it doesn't, because they don't get paid anyway.

    21. Re:Soo ... by Zed+is+not+Zee · · Score: 1

      So if I want the right to use your work for free, all I have to do is kill you!

    22. Re:Soo ... by Anonymous Coward · · Score: 0

      No problem - corporations don't die.

    23. Re:Soo ... by AK+Marc · · Score: 1

      Although I don't approve of the studio's alleged wrongdoing with regards payment, I think it is a bit of a joke how long ownership on these things lasts. (Life + 70 years comes to mind, but that is probably wrong).

      I would have some sympathy, if not for the fact that they are one of the ones that pushed for the long terms. They are getting sued because of their own actions. If they had pushed for shorter terms for copyright and fought their industry representative MPAA to get shorter copyright terms, then they would likely not be getting sued now. But they want the best of both worlds. They want infinite copyright terms, as well as the right to not pay the creators that fall under that if they weren't that creator.

    24. Re:Soo ... by Anonymous Coward · · Score: 0

      There's one glaring flaw in this line of thinking. If inventions instantly became public domain on the inventor's death, I don't think the life span for inventors would be very long! Why should anyone bother to create their own new ideas, when they can simply wait for you to do it, konk you over the head, and PROFIT!

      I guess the inventor's heirs could still take this route, but the list of suspects gets a lot shorter when only a handful of people can benefit.

    25. Re:Soo ... by Anonymous Coward · · Score: 0

      I too have given this thought. If you create something wildly popular, and your rights terminate when you die, it might make better financial sense to have you "taken care of", to some people.

      There needs to be a set time limit, whether it belongs to you or your heirs or whomever you designate as the owner. It cannot involve arbitrary and circumstantial things like "how long someone lives", and certainly does not need to be 70 years. you need to be able to look at a book cover (for example), add a number of years, and determine if it is in copyright or not. Without having to refer to wikipedia on when someone died.

      17 years, with an optional extension of 10 years (if the work was registered originally) makes sense. If the creator does not care enough to register and file for the extension, it falls out of copyright.

    26. Re:Soo ... by Anonymous Coward · · Score: 0

      The reason you'd want to be able to transfer IP rights is so that you can make money by selling them. You want them to last long after your death because this increases the selling price. I'm not saying that this is right or good for society, just don't act like the reasoning behind it is inconceivable.

    27. Re:Soo ... by Paradigm_Complex · · Score: 1

      Chris Tolkien has done quite a lot with the copyright. On the shelf right behind me I have The Hobbit, LOTR, and Tree and Leaf (only one not 'bout Middle Earth) all by JRR. However there's another fourteen more books on the shelf all published after Tolkien's death (I'm probably missing some, too). Typically I agree with you in this regard, but in this case (as well as my shelf above it which still continues to grow thanks to Frank Herbert's son) the copyright really is being put to good use. It'd have been a horrific shame if it wasn't feasible to publish the Silmarillion or Sandworms of Dune.

      --
      "A witty saying proves nothing." - Voltaire
    28. Re:Soo ... by Gage+With+Union · · Score: 1

      I feel the same way about patent. If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop. When he dies, it should become public domain.

      hmmmm... Well, I like the gist of this, I'd certainly watch my back if I invented anything important...
    29. Re:Soo ... by bprime · · Score: 1

      Innovators innovate. It's what they do.

      Yes, the romantic rogue genius, the world-changing entrepreneur - these people will always innovate, no matter who tries to stop them. When people - that is to say, IP-dependent businesses - talk about "hindering innovation", they're saying that they'll invest less. As many people here point out, being a "scientist" is now a career path for most people instead of a "calling". To these businesses, less innovation means hiring fewer sound technicians, pharmacologists, graphic artists. Whether you agree that hiring more workers to solve a problem assembly-line style is actually innovation, or that "innovation" can be attributable to an entire company, is another issue entirely :)

    30. Re:Soo ... by DrVomact · · Score: 1

      Since I'm someone who makes a living off his "intellectual property", I've thought about this a lot. I just can't see any benefit (as far as the original purpose of copyright is concerned) for any rights to a work of art to be transferable in any manner. I might go so far as to say an artist should be able to "license" his idea to someone else who wants to extend the work somehow, but there's no reason his grandchildren should be able to reap direct benefits from it.

      I agree completely with your sentiment. It's as though "copyright" has mutated into sort of a zombie that can lock up the rights to artistic works for all eternity. I certainly don't think the Tolkien Foundation have any moral right to assert ownership over Tokien's works; they belong to all of us now. Remember, though, that when The Lord of the Rings first made it big, in the mid 60s, Tokien's copyright had already expired under the then-current laws. Tolkien had to appeal to the public's "sense of fairness" to get them to buy from the authorized publisher (i.e., the one that was paying him royalties). So the new laws could be characterized as an overreaction to past injustices.

      I'm probably a bit older than you, and I wouldn't mind if my grandkids got some money from my (hypothetical) best-seller. I'd say that fair copyright laws should probably provide for the rights to be held by the author or his heirs for the duration of the author's life time, plus 20 years.

      --
      Great men are almost always bad men--Lord Acton's Corollary
    31. Re:Soo ... by Anonymous Coward · · Score: 0

      So you can create something "innovative", and I decide I can come up with something comparable. Oops, pesky copyright.

      Oh I know. Since it doesn't transfer while you're alive, I'll just have you killed.

      Yay! Now I'm free to infringe on you since that material is public domain with your death. You got a good 1 month out of it. All's fair in love, war, and intellectual property!

    32. Re:Soo ... by tertrures · · Score: 1

      When he dies, it should become public domain.

      Thus whenever there's going to be a millionaire production, if the author dies in an unfortunate "accident", a corporation could be saving lots of money...

      PS: Never mind. I doubt anybody would seriously consider sacrificing another person's life for profit.

    33. Re:Soo ... by Mex · · Score: 1

      "If I get rich off my work (probability: imperceptible), I'll leave the dough to my wife and daughter (who both happen to be younger and healthier than me, and thus likely to survive me). I feel the same way about patent. If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop. When he dies, it should become public domain."

      When you die, you say?

      Hmm... When is your next fishing trip, again?

      Love, your wife

    34. Re:Soo ... by drsmithy · · Score: 1

      Life + (X number of years) is a good way to keep people from getting killed for access to their highly profitable creation though... 70 years is probably too long, but I think 15 years is reasonable.

      I do not understand the rationale behind this argument, yet it is raised all the time. Are you seriously suggesting people will commit premeditated murder rather than copyright infringement ?

    35. Re:Soo ... by fyrie · · Score: 1

      Oh yes.... I remember Sony claimed it didn't see any profit from Spider-Man (1) even though it grossed over ONE BILLION DOLLARS. My spider-sense is tingling.

    36. Re:Soo ... by ozbird · · Score: 1

      Life + (X number of years) in the slammer would be a good way to remind studio execs not to be arseholes.

    37. Re:Soo ... by drsmithy · · Score: 1

      If I create something, and it doesn't sell well during my lifetime but does begin to sell well as soon as I've gotten hit by a bus, I can let my family inherit the copyright so that they can collect the money I would have gotten if I'd lived longer. The potential for this to happen encourages me to create it in the first place, especially if I'm old and don't think I'll live to collect royalties myself.

      So, if someone has a job that pays poorly while they're alive, but subsequently becomes high-paying after their death, should their employer be forced to pay their surviving family the difference ?

      The point isn't just to pay the person who created the work as a reward for their efforts. The point is to offer them an incentive (the promise that they or their children or grandchildren will be paid if the work is successful) in advance, before they've decided whether to invest the time and/or money required to create the work in the first place. Are we (society) offering them too much (is the term of copyright too long)? Yes, and we can debate that issue, but let's not misunderstand the purpose.

      Why should "work for copyright" be rewarded so much more generously than any other type of work ?

    38. Re:Soo ... by GaryPatterson · · Score: 1

      It's a bit tricky in the Tolkien case, as his son has gone on to make significant contributions to the work after his father's death. He published everything from The Silmarillion on.

      Although if your point ever made it to law, then maybe his son would've just put all the later books under his own name for the purposes of copyright.

      Most copyrighted works have much simpler situations though, leaving families pulling in royalties years after the 'breadwinner' died. It must be nice to have such a secure income stream for doing nothing at all.

    39. Re:Soo ... by Phroggy · · Score: 1

      So, if someone has a job that pays poorly while they're alive, but subsequently becomes high-paying after their death, should their employer be forced to pay their surviving family the difference ? Someone getting paid an agreed-upon wage to perform a task for a certain amount of time isn't the same as someone producing a creative work which may or may not sell. If someone is paying you a salary to create something for them, then they own the copyright, not you.

      Why should "work for copyright" be rewarded so much more generously than any other type of work ? Apparently you missed the part where I said we're offering content creators too much reward, and this is an issue which can be debated further.
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    40. Re:Soo ... by GaryPatterson · · Score: 1

      Surely if an author wanted to write a book based on the characters of another author, then that first author deserves some of the success that may come from the new books. After all, the original author did all the hard work in creating the characters, fleshing them out and getting readers to care about them. Springboarding off that means the second author gets a free pass on some important parts of the book, such as character development.

      Another thought occurs. Let's say the second author wanted to write a sequel to LotR which destroyed parts of the original book. Maybe there's lots of explicit sex scenes, or you find out that the Elves were behind Saruman or whatever. What protection does the original author have to ensure their work isn't bastardised as soon as they die?

      Finally (on this point), if the second author can write a story of such quality that it'll surpass the original if it weren't for those pesky copyright laws, why can't the second author either write something fresh or tweak it to step around the laws by setting it in a similar but not identical theme? If the book's good enough, it'll stand anyway. If it was always a derivative work that required great familiarity with the original book, it may deserve not to stand on its own.

      Let's also not forget that LOTR itself is a variation on the basic quest story, which has been told in one form or another for thousands of years. Should the descendants of Homer have been able to bring suit against Tolkien years ago?

      Tolkien's stories use mythic quest constructs, yes, but that doesn't equate to using existing stories. No characters are used, no explicit plots are lifted. There are similarities to ancient myths but similarities as vague as there are don't trigger copyright anyway. You need something far more definite to prosecute a case.

      I think raising Homer is a red herring.

      >> Copyright should be treated the same as any other material ownership

        > Why? There's nothing material to be owned. It's an expression of an idea, not property that can be held and used.


      It's not so simple. A book is very much a material version of a copyrighted work, as is a film or a CD. There are material items that can naturally flow from copyrighted works. These works are more than just ideas, as they're devised solely for the purpose of creating material items that other people can enjoy in some manner.

      I agree that copyright laws should be different from material ownership laws, but I think you oversimplify here.

      Maybe there should be no protection, maybe there should. I can see cases either way and since the world is currently slanted towards the life+x years model I think it's going to be a long time changing, if ever.

      Whatever the eventual outcome of any copyright law reform, it's always good to debate why we have the laws, who they serve and how they could improve.

    41. Re:Soo ... by NormalVisual · · Score: 1

      But who's to say that someone else couldn't have done something better but hasn't had the opportunity to do so? Tolkien's son is a competent writer, but I'd argue that his books possibly have done as well as they have only because he had an unfair legal advantage over every other writer in the world and thus no competition. He already had a substantial commercial advantage based on his bloodline independent of the quality of his writing ("From the son of the author of LOTR!"), but now no one else that has interesting or different ideas about the fate or history of Middle-earth can express them.

      A writer being related by blood (or marriage, for that matter) to another is not a reason to just hand the copyright on the original works to them, IMO, and still defeats the purpose of copyright. Christopher Tolkien has copyrights on his own works, which act to protect his own interests, and he still has a lock on that last name. There's no good reason his father's copyrights should belong to him as well except for those that are nebulously sentimental.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    42. Re:Soo ... by NormalVisual · · Score: 1

      Surely if an author wanted to write a book based on the characters of another author, then that first author deserves some of the success that may come from the new books. After all, the original author did all the hard work in creating the characters, fleshing them out and getting readers to care about them. Springboarding off that means the second author gets a free pass on some important parts of the book, such as character development.

      If the original author is dead, who exactly is harmed by this? If we subscribe to the notion that the author's family deserves a portion of his success even after his death, how do we justify that using the stated purpose of copyright? Without the artificial construct of copyright, the author has zero exclusive rights to his work anyway, and in either event the author's family simply doesn't factor into it.

      Let's say the second author wanted to write a sequel to LotR which destroyed parts of the original book. Maybe there's lots of explicit sex scenes, or you find out that the Elves were behind Saruman or whatever. What protection does the original author have to ensure their work isn't bastardised as soon as they die?

      Why is the author assumed to have a right to such protection? I'm sure Alexander Borodin would cringe at "Stranger in Paradise", but that wasn't sufficient reason to prevent anyone from recording it, and now many people don't know anything of Borodin's music *except* that tune.

      Whatever the eventual outcome of any copyright law reform, it's always good to debate why we have the laws, who they serve and how they could improve

      Agreed. If you fall back on the excuse of "because that's how it's always been done" without any kind of critical thought, you end up with lots of bad laws.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    43. Re:Soo ... by MightyMartian · · Score: 1

      Other than a single chapter in Silmarillion (Of the Fall of Doriath) which he was forced to write with Guy Gavriel Kay because the only completed version of that story was from a wholly different phase of the the development of the mythos, and utterly incompatible with the later conceptions. In fact, he didn't even admit this until something like ten years after the Silmarillion was published, and to some Tolkien scholars, there's a suspicion that the entire History of Middle Earth series, with every iteration of the Silmarillion released and carefully analyzed (CJRT's role in these books as an editor and commentator) is one very large apologetic for why he was forced to compose the Fall of Doriath so that the Silmarillion could be published.

      From the Silmarillion right on down to the Children of Hurin (which looks to be the last of the books of his father's writings that CJRT will ever produce), everything is credited to JRR Tolkien.

      Of course the commentaries, which are written by Christopher Tolkien, are owned by him, but that's no different than any other scholarly work. He did, after all, write those notes and analytical pieces, and he put an incredible amount of effort into pouring over his father's writings. These writings, after JRRT's death, were spread in three places; the Bodleian Library in Oxford, Marquette University in Wisconsin (this is where the LotR manuscript is located) and Tolkien's own papers, which, as JRRT's Literary Executor, Christopher Tolkien has full access to.

      Of course, Christopher Tolkien isn't the only working on scholarship. Vinywar Tengwar's scholars have access to the rather large and largely unpublished linguistic works that Tolkien began even prior to the first conceptions of a mythology. The Annotated Hobbit is rather like the History of Middle Earth series, and is by Douglas A. Anderson, who has done what Christopher Tolkien did for LotR and the Silmarillion in producing a commentary on the evolution of The Hobbit from the 1930s through the second and third editions.

      So the long and the short is that Christopher Tolkien isn't a fiction writer. He held his father's seat at Oxford, so I'm sure he has plenty of scholarly works in his name, but I know of no fiction of any kind.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    44. Re:Soo ... by Paradigm_Complex · · Score: 1

      With a few necessary exceptions, that stuff wasn't his own original writing. It was his farther's, who (thanks largely to his perfectionism) couldn't get it far enough along to publish during his lifetime. His son simply organized everything and added the final touches to get it to print. If it wasn't for the usually ridiculous copyright length much of this would not have made it onto my shelf. If someone could have done a better job than JRR Tolkien at writing JRR Tolkien's stuff, I'm doubtful that person would not be skillful enough to come up with other successful works without needed to leech of what JRR has done. This is one of the few areas the copyright length is beneficial to the public at large.

      --
      "A witty saying proves nothing." - Voltaire
    45. Re:Soo ... by meringuoid · · Score: 1
      Are you seriously suggesting people will commit premeditated murder rather than copyright infringement?

      There's a reason we call these people the MAFIAA.

      Think it through. Distribute media for profit in infringement of copyright: very easy to trace back to you. Hire a professional hitman through anonymous middlemen: very hard to trace back to you. And in Hollywood, murder is probably considered the lesser of the two offences.

      --
      Real Daleks don't climb stairs - they level the building.
    46. Re:Soo ... by Hertzyscowicz · · Score: 1

      You do have a point there. Still, I can't quite bring myself to think that the copyright skullduggery biting a big studio in the ass for $150M is a bad thing, especially when the money goes to a charity. The only thing that gets me that my math tells me the Tolkien Trust is owed around $450M.

    47. Re:Soo ... by jai375 · · Score: 1

      For starters the assumption that artists create to enrich society is erroneous - there are many other 'reasons' to create - i highly doubt enriching society is high up on many peoples lists unfortunately. The Tolkien Trust does in fact 'enrich' society and is in fact a registered 'trust' linked with many many charites.

      In regards to IP and copyright - how can you suggest that something someone else wrote, drew or imagined should not benefit that persons heirs. How is creative output different from bricks and mortar. I build a house, i die, it goes to my children and so on and so forth through the generations. A person's legacy, whether artistic in origin or not is the theirs, they own it, they have the deed to their creation, as such they should be able to dispense with it as they see fit in their estate.

      Hypothetical - Your aunt betty makes a porcelain ashtray in art class. She becomes a prominent artist and passes away. You get it as you were the most vocal about her smoking. It has a saleable worth in the millions. I turn up at your door from an art concern that wants to mass produce the design as functional headware for smokers. i demand the ashtray as it 'should' now be 'public domain' as she has passed away and give you nothing for it...dont think you'd like that.
      LOTR is tolkiens work, he created it, why should his family not benefit? Also his heirs seem a lot more generous and forthright than newline dont yah thunk?

    48. Re:Soo ... by NormalVisual · · Score: 1

      The Tolkien Trust does in fact 'enrich' society and is in fact a registered 'trust' linked with many many charites.

      That's great for them, but it doesn't have the first thing to do with why copyright exists.

      In regards to IP and copyright - how can you suggest that something someone else wrote, drew or imagined should not benefit that persons heirs. How is creative output different from bricks and mortar. I build a house, i die, it goes to my children and so on and so forth through the generations.

      It's very simple - the concept of copyright presupposes that expressed ideas belong to society, and I can suggest it because I understand that the public benefit is more important than some misguided sentimental desire for the author's family to mooch off his creation forever. Understanding that creators of said ideas (be they music, writing, inventions. or anything else) need to eat too, society grants those creators a state-backed monopoly on the use of those ideas for a limited period of time in order to encourage them to create more ideas, *for the benefit of society*. Creative output is not comparable to "bricks and mortar" - it's an intangible thing that doesn't have any form until it's fixed in some kind of media, and as such can't be taken away from anyone, unlike a house, car, etc. The law recognizes and backs up this distinction, the bastardized term "intellectual property" notwithstanding.

      I turn up at your door from an art concern that wants to mass produce the design as functional headware for smokers. i demand the ashtray as it 'should' now be 'public domain' as she has passed away and give you nothing for it...dont think you'd like that.

      The art concern you mention would have every right to mass-produce the ashtray, provided the copyright had expired. They would have no right to take the original ashtray itself - it's tangible property and taking it would be theft in the traditional sense, no different than if they attempted to take my wallet without permission. I had no part in creating the ashtray, so how is it that I'm justified in claiming some nebulous exclusive rights just because my DNA happens to be a bit more similar to the creator's? In any event, there is nothing to keep them from creating exact copies and selling them, and that's exactly the way copyright is SUPPOSED to work.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    49. Re:Soo ... by ivan256 · · Score: 1

      Yes. I am. Or at least I'm suggesting that they'd pay to have somebody else do it.

      If this weren't a foundation, but just a guy, you don't think there are people out there who would just make a call and have the guy taken care of rather than have something like this suit come up in the future after you've made a billion dollars off his work? There are some bad people out there. Once you have something worth 10+ figures in your possession, you get their attention.

    50. Re:Soo ... by ivan256 · · Score: 1

      I think the $150 is from the first movie. It says they haven't seen the books for the other two yet.

      This stuff *should* bite them in the ass, and it doesn't even have much to do with copyright. They signed a contract. Now they have to live up to their end.

    51. Re:Soo ... by GaryPatterson · · Score: 1

      If the original author is dead, who exactly is harmed by this?

      The author. Yes, that person is dead and no, I'm not going to invoke religion. The author's reputation can be harmed by following works that may change the way the original is perceived.

      Secondly, if the author creates a work that earns money where should that money go after his or her death? Without copyright it'll go straight into the publisher's pocket. Is that more reasonable than seeing the money go to wherever the author nominated?

      I'd argue a shorter period of copyright to follow the death of the author. Not seventy years, but perhaps ten or twenty years. Long enough for any remaining benefits to be realised but not so long that descendants can use this as a dependable source of income.

      I'm sure Alexander Borodin would cringe at "Stranger in Paradise"

      I know what you're trying to say here, but Borodin died in 1887 and that song was recorded in 1953, a gap of 66 years. I don't think the copyright laws of the day would've extended that long, and it's well past the point I'd argue copyright should apply.

    52. Re:Soo ... by jai375 · · Score: 1

      Theft is theft, whether it be in a traditional sense or not. You also had no part in creating your wallet I imagine? I'll take that. Oh and i find domicile laws to be nebulous and exclusive also, so I am moving in...make room on the couch. In my mind copyright exists to protect creatives and 'allow them', heh couldn't resist, to reap the fruits of their labour. To me it is protection from studios, economic egrariasts, patsy philanthropists, plagarists and 'normals'. 'Normals', as defined by me, are those that cannot create original and thought provoking works but merely replicate and regurgitate other peoples ideas. With copyright, at least, they have to wait a good while before they can cut and paste stuff or turn it into a lame sitcom. If everything has been thought before...why are we so often surprised and delighted by an artists works? The fact that new tech and ideas are created constantly disproves this lame rational anyway imho. I, for one, am glad The Berne Convention and international copyright treaties are drawn from the french 'rights of the author' construct as it forced many countries, your own included, to look at IP from a perspective of respect for the artists that create, and the protection of their works for posterity rather than a perspective of fiscal viability under the guise of 'for the people'. There is provision in many countries for artists to release their rights pertaining to their work into the public domain if they so wish. Never heard of it being done though...wonder why:)

    53. Re:Soo ... by osewa77 · · Score: 1

      You're wrong because:
      1) People won't work so hard if they won't be able to pass on the proceeds of their labor to their families when they die.
      2) If products become free to exploit when the author dies, then many authors will be killed by mafia types, of course.

    54. Re:Soo ... by Uzuri · · Score: 1

      Coming in late on this, like I always do, but how about:

      Copyright for the life of the writer/singer/artist
      Upon death, work enters a cooling off period where it can be copied AS IS (to keep it from becoming lost), but not profited from
      After X years, work enters true public domain.

      --
      I'm a she-slashdotter... but I make up for it by living with my folks.
    55. Re:Soo ... by zippthorne · · Score: 1

      So, as in TFA, you think the film making license to "The Lord of the Rings" universe for life+something is = approximately $65,000?
      No, I think it's worth more than zero dollars, although the actual amount due now definitely depends on the terms of the original contract and how much was paid up front for the rights.

      You have to have a saleable commodity before you can start talking about negotiating the price of that commodity. If New line could just take his work for free instead of negotiating a contract, they have a fiduciary responsibility to their shareholders to do just that.

      What doesn't make sense here, though, is that New Line's rights are set to expire soon, and the Tolkien estate has expressed a desire for Jackson to be the one to direct the Hobbit film. In other words, All he had to do was wait out New Line, and they'd write him into the next contract they negotiate with another studio.
      --
      Can you be Even More Awesome?!
  6. "'The Lord of teh Rings' trilogy". Jesus christ? by dj42 · · Score: 4, Funny

    My subject is a quote from TFA.

    Let's break this down.

    "The Lord of teh Ring's trilogy"

    You know what, I'm not even going to bother. What kind of retard submitted this?

    --
    We are one consciousness experiencing itself subjectively. Back to you with the weather, Bob!
  7. stuff that matters by Anonymous Coward · · Score: 0

    who cares ?

  8. Movie company greed again by Anonymous Coward · · Score: 0

    This is typical of the MPAA companies. They use creative bookkeeping to make profitable films look as though they produce no money so they can screw people out of their share of the revenue.

  9. Re:Wow! by Anonymous Coward · · Score: 0

    Maybe Digg should catch up as well. Heard this 2 days ago on google news.

  10. Ahh, delicious irony... by Karl+Cocknozzle · · Score: 2

    ...Major entertainment companies have long been of the opinion that the artists who create the products they sell are expendable and interchangable... THis is how a studio executive could sleep at night after giving the Tolkien estate less than $63,000 compensation for a property that has made New Line north of $1 billion in revenue...

    Glad to hear it--they're getting what they deserver.

    --
    Who did what now?
    1. Re:Ahh, delicious irony... by erroneus · · Score: 4, Interesting

      They haven't won their suit yet. The studios haven't yet gotten what they deserve. But I'm with you -- I hope they lose BIG. The judge should award triple damages.

    2. Re:Ahh, delicious irony... by NickFortune · · Score: 5, Insightful

      for a property that has made New Line north of $1 billion in revenue...

      Quite a bit north, actually. In point of fact, just shy of three billion dollars. And that's not considering merchandising tie-ins, DVD sales, and all the rest of the "film related" revenue.

      So I guess we now know the answer to "what has it got in its pocketses?" A shitload of other people's money!

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:Ahh, delicious irony... by NormalVisual · · Score: 2, Interesting

      Major entertainment companies have long been of the opinion that the artists who create the products they sell are expendable and interchangable

      While the artist that created the product New Line is selling was neither expendable nor interchangeable, after almost 35 years he is still irrevocably dead, and as such is quite unlikely to be writing anything more in the near future anyway. New Line should be getting raked firmly over the coals for attempting to weasel out of performing on a contract, but if copyright law made any sense at all they wouldn't have had to pay a dime to Tolkien's estate to make the movie.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    4. Re:Ahh, delicious irony... by jollyreaper · · Score: 1

      Quite a bit north, actually. In point of fact, just shy of three billion [the-numbers.com] dollars. And that's not considering merchandising tie-ins, DVD sales, and all the rest of the "film related" revenue.

      So I guess we now know the answer to "what has it got in its pocketses?" A shitload of other people's money! Here's what I don't get: why doesn't New Line see that the reason for the trilogy's success is because it was well-done and fairly faithful to the source material, if not always in detail then in spirit? If this was a typical hollywood hack job, it never would have broken even.

      So now that they have a chance to make another pile of cash with the Hobbit, plus they could mine the Silmarillion or however it's spelled for years and years, they're going to jeopardize all that by trying to fuck people out of what they're contractually owed? Pay them the money! Jesus Christ, pay them double. Get Jackson back and let lightning strike twice. Have him train up some acolytes so you can get Lost Tales movies pumping out every year or two around the holidays, like clockwork. So long as the quality remains exceptionally high, people will be in lines a mile long, eager and cheerful to hand you money.

      But no, wait, I have a better idea! Instead of making another couple billion dollars, how about we try fucking them out of a million dollars instead? *pinky raised to mouth* Fucking asshats.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    5. Re:Ahh, delicious irony... by K.+S.+Kyosuke · · Score: 1

      Triple damage? Yeah, that's exactly what I would do if I were the judge. First cast Triple on myself, then cast Ultima on the New Line lawyers.

      --
      Ezekiel 23:20
    6. Re:Ahh, delicious irony... by cptnapalm · · Score: 0

      He might not be writing, but he still has books coming out thanks to his son who has some serious filial piety going on.

    7. Re:Ahh, delicious irony... by Karl+Cocknozzle · · Score: 1

      but if copyright law made any sense at all they wouldn't have had to pay a dime to Tolkien's estate to make the movie.
      ...and if my Aunt had balls she'd be my Uncle...

      The law IS the way it is, because organizations like New Line lobbied it that way... I doubt very much the MPAA considered the possibility of the copyright system being used AGAINST its members rather than to help them shield their profits.
      --
      Who did what now?
  11. Re:Wow! by Farmer+Tim · · Score: 5, Funny

    the site's doing everything in its power to -be- Digg down to the very look and feel, and failing miserably.

    Surely failing to imitate Digg is a good thing...

    --
    Blank until /. makes another boneheaded UI decision.
  12. Anyone else think.... by Anonymous Coward · · Score: 0

    when they saw the headline,

    "Stand back, New Line, or the Hobbit gets it!" ?

  13. More Hollywood Accounting by Anonymous Coward · · Score: 0

    Hope they are right and supposed to get a cut of the gross. Otherwise it sounds like another case of Hollywood Accounting.

  14. But that WAS 7.5% of the takings by jimicus · · Score: 2, Insightful

    Provided you happen to be an accountant who works in a movie studio.

    Has anyone ever figured out the arithmetic to find out how much profit a given studio is making on the assumption that the takings they quote to people who should be getting X% of the total are accurate? I am pretty sure it would demonstrate a massive loss year-on-year.

    1. Re:But that WAS 7.5% of the takings by mooingyak · · Score: 1

      Did they edit the summary or something? I see all these posts talking about how you get screwed with net points on a movie, but both the summary and TFA claim 7.5% gross.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    2. Re:But that WAS 7.5% of the takings by SoulRider · · Score: 1

      I have heard it is based off of man-inches.

  15. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Anonymous Coward · · Score: 0

    What kind of retard reads the summary, clicks the read more link, then posts about a typo?

    BTW the C in Christ is captialized.

  16. Come on, the studios are right by Aaron+Isotton · · Score: 4, Insightful

    Everybody loves bashing RIAA, MPAA and the big bad studios, but come on: The Lord of the Rings was originally published in *1955* (more than 50 years ago). Tolkien died in 1973 (more than 35 years ago). The publishers really had enough time to make money; it should be public domain by now. Yes, I know copyright usually expires 50/70 years after the author's death, but these laws really need updating.

    1. Re:Come on, the studios are right by CRCulver · · Score: 1

      The Lord of the Rings was originally published in *1955* (more than 50 years ago)

      Isn't the edition with the appendices somewhat more recent, though? Though certainly your point stands.

    2. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      obvious troll is obvious

    3. Re:Come on, the studios are right by oddaddresstrap · · Score: 2, Insightful

      Rest assured that these laws *will* be updated when some really valuable copyrights come close to expiring.

    4. Re:Come on, the studios are right by betterunixthanunix · · Score: 1

      I agree with you, but it is ironic that the same group of people running around suing college students and claiming that illegal copying is depriving directors and scriptwriters of their paychecks is refusing to honor the very same copyright laws. Funnier still is that the movie studios lobbied to have the length of copyright extended!

      --
      Palm trees and 8
    5. Re:Come on, the studios are right by o'reor · · Score: 1

      I smell a rodent.With big round ears.

      --
      In Soviet Russia, our new overlords are belong to all your base.
    6. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      If the MPAA are willing to agree to reducing intellectual property do a reasonable 7 years or so, then id be fine seeing them get away with not paying for this.

      somehow i dont think they will, theyre just interested in double standards.

    7. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      Should should should. People should not sign contracts if they don't want to do what the contract says they have to, fucktard.

    8. Re:Come on, the studios are right by kellyb9 · · Score: 1

      While I think "come on" is a fantastic legal argument, your point is somewhat moot. It doesn't matter what the law should be, it only matters what it is. I have to concur with a similar comment that essentially says the studio should "pay it's damn bills".

      As an aside, with how much those movies grossed, I really believe the people who have legal rights deserve a hell of a lot more than 67,000. But in their own right, I'm sure they saw an increase in royality fees on book sales.

    9. Re:Come on, the studios are right by dido · · Score: 1

      True, but the studios themselves also believe that copyright ought to last forever. Only if it's their copyright. If copyright law doesn't suit them, then they will do whatever they can to get away with not paying for the license, including such dirty tricks as this. And they have the gall to complain about piracy when they are no better than pirates themselves. What utter hypocrisy.

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
    10. Re:Come on, the studios are right by Kreigaffe · · Score: 4, Insightful

      You know, you might have a point if the movies were made this year. That would be more than 50 years after they were created, and I could maybe see a point there.

      Unfortunately for you the trilogy was released in 2001/2/3, and filming began in October of '99.

      That's pretty far short of 50 years after the work was created, and only 26 years after the death of Tolkien himself.

      Oh -- and according to Wikipedia the gross revenue of the films was $871,368,364... 7.5% of that is a hair over $6.5 million. Which means NewLine payed them less than 1% of what they were actually owed. Which, whether you think the copyright law is proper or not, when there's a contractual agreement to pay a certain amount for something and you decide "LOL FUCKIT" and actually pay less than 1% of what you said you would, well.. you're probably a giant dick and deserve to be sued for 25 times how much the original agreement was for.

      I'm just sad that this means we probably won't see a Hobbit movie.. but I guess we CAN all look forward to The Hibbot?

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    11. Re:Come on, the studios are right by NormalVisual · · Score: 1

      He's actually been dead a little less than 35 years (September of this year will be 35), but otherwise the rest of your point is spot-on. He's not contributing any more to society and can't possibly benefit from any earnings, so there's no reason to let the copyright continue.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    12. Re:Come on, the studios are right by kabocox · · Score: 1

      Everybody loves bashing RIAA, MPAA and the big bad studios, but come on: The Lord of the Rings was originally published in *1955* (more than 50 years ago). Tolkien died in 1973 (more than 35 years ago). The publishers really had enough time to make money; it should be public domain by now. Yes, I know copyright usually expires 50/70 years after the author's death, but these laws really need updating.

      I'd agree mainly so that we can get 3-5 additional Lord of the Rings movies from other studios. It'd would be like those Beauty and the Beast, Cinderella, and other Disney type movies. All of them were based off stories from a long time ago and any other studio could make a Beauty and the Beast or Cinderella movie as long as it doesn't use the Disney characters.

      I also support the Tolkien Trust on this mainly because it does need its split. It's one thing if the content was already PD, but just cause we all like/want the content doesn't mean we can make something PD at our will. It's like saying Batman, Spider man, and Super man should all be public domain since we all like/want to see that content. It's not quite that easy. The content makers need to have a way to make money/royalties/ a slice of the ad revenue/ or what ever your magic funding source is.

    13. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      The studios are the one who are lobbying for LONGER copyright protection. They need to play by the same rules they want forced on everyone else.

    14. Re:Come on, the studios are right by edwardpickman · · Score: 1

      And the point being so the Studios can keep ALL the money? Or is it so every fan with a video camera can release their own version of LOTR? Why should everyone EXCEPT the author's family benefit?

    15. Re:Come on, the studios are right by russotto · · Score: 1

      Actually, _The Lord of the Rings_ was public domain in the United States for quite a while, due to some technical mistake. The copyright was RESTORED after Tolkien's death, and the courts ruled that taking works out of the public domain was perfectly legal.

    16. Re:Come on, the studios are right by O('_')O_Bush · · Score: 0

      "871,368,364... 7.5% of that is a hair over $6.5 million."

      Actually, 7.5% of $871,368,364 is a hair over $65.3 million. Newline payed them about 1/1000th of what they owed.

      --
      while(1) attack(People.Sandy);
    17. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      Why should the author family get a monopoly? They didn't do anything and have already made plenty.

    18. Re:Come on, the studios are right by jadin · · Score: 1

      The studio's aren't "right". They aren't doing this on moral ground. If they felt so strongly about copyright length they shouldn't make films on anything not in the public domain.

      Your comment is good, but your subject, couldn't be more wrong (based on my slashdot degree alone).

    19. Re:Come on, the studios are right by pthisis · · Score: 2, Informative

      Actually, _The Lord of the Rings_ was public domain in the United States for quite a while, due to some technical mistake. The copyright was RESTORED after Tolkien's death, and the courts ruled that taking works out of the public domain was perfectly legal.

      No. Wolheim (from Ace Books) claimed they were public domain, but the courts ruled against him saying that the books had never been public domain and that the Ace paperback edition violated copyright. They did not apply copyright to something that had legally been in the public domain.

      See Eisen, Durwood & Co. v. Christopher R. Tolkien et al., 794 F. Supp. 85, 23 U.S.P.Q.2d 1150 (S.D.N.Y. 1992), affirmed without opinion, 990 F.2d 623 (2nd Cir. 1993)

      --
      rage, rage against the dying of the light
    20. Re:Come on, the studios are right by JeTmAn81 · · Score: 1

      I believe that $871 million figure is only for the first film, actually. The three films put together grossed over $3 billion at the worldwide box office. Their production costs, not including marketing, were around $300 million. I'd estimate it was perhaps $500 million to actually make, market and release the three films, but even with unimaginably expensive hidden costs, I can't see the whole thing costing over a billion to put out, which would make the trilogy at $2 billion in profit, just from box office receipts. Of course this doesn't consider the ancillary merchandising, where the real money is made. I don't know how New Line could expect to make a credible argument that they didn't make a huge profit from this venture.

      --
      "Me? Lady, I'm your worst nightmare -- a pumpkin with a gun."
    21. Re:Come on, the studios are right by Anonymous+Admin · · Score: 1

      I would normally agree that 50 years is too long, but this is a special case. This book, or series of books as it later came to be, was a life's work. It was 50 years in the writing; so 50 years of protection is not absurd.

    22. Re:Come on, the studios are right by drapeau06 · · Score: 1

      7.5% of 871 million US$ is more than 65 million US$: that's a big hair more than 6.5 million US$... from King King, maybe?

    23. Re:Come on, the studios are right by mrsev · · Score: 1

      I hate to make a pedantic point but 7.5% of $871,368,364 comes in at around 65 million not 6.5!

    24. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      You don't appear to understand the words "gross" or "percent".

    25. Re:Come on, the studios are right by bennomatic · · Score: 1

      Wikipedia the gross revenue of the films was $871,368,364... 7.5% of that is a hair over $6.5 million.

      Actually, you need to move your decimal place over one. 7.5% of almost $900 million is closer to $65 million. D'oh!

      --
      The CB App. What's your 20?
    26. Re:Come on, the studios are right by Idiomatick · · Score: 1

      Nonono. The idea is to pit them against one another in a huge legal battle royale. If the studio wins they set legal precedent for shorter copyright terms and screw themselves. If they loose its not as dramatic but they have to dish out tons of cash for laws they built. The bigger the fight, the more blood the better it will turn out for everyone else.

    27. Re:Come on, the studios are right by MightyMartian · · Score: 1

      The Second Edition is from 1966. In part, the reason for the Second Edition was because of Ace Books' infamous theft and unauthorized distribution of the First Edition and trying to get out of paying Tolkien any royalties.

      However, there are other, later releases. The Silmarillion was released in 1977, and the History of Middle Earth series wasn't completed until the early 2000s, and last year had the Turin saga released in a completed form. So there's been a lot of publishing within Tolkien's mythos.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    28. Re:Come on, the studios are right by lawyergregory · · Score: 1

      Ok I am a law student and I have to say New Line did it to them selves. You see under the 1989 amendment of the UK Copyright Act 1709 it is life of the author plus 70 years but because Christopher Tolkien has made new books basted on the same copy right, the copy right transfer to him so it is now Christopher Tolkien's life plus 70 years. Christopher Tolkien is a live. And a book may be given under the 1999 amendment of the UK Copyright Act 1709 a Parliamentary copyright or Crown copyright by Parliament or the the king or queen witch Tolkien's works have been given a Crown copyright witch gives it 125 years plus the 70 years, that 195 years after Christopher Tolkien finely dies. Ok and the U.S.A. is bound by treaty to these, and then there's the 2003 amendment of United States copyright law of 1978 it exited the copyright of all works made after 1923 and before 1978 that have yet to have the copyright ran out who's writer is died that would expire before 2047 to 2048. The 2003 amendment of United States copyright law of 1978 allows the owner of a copy right to pay 8% of the estimated income of the copy right over the next 50 years and extend the copy right for 50 years and there is no limit on the number of times the copy right may be extend this way.

    29. Re:Come on, the studios are right by Anonymous Coward · · Score: 0

      I think you meant $65 million. (Not $6.5 million). And thus less than 0.1% owed.

    30. Re:Come on, the studios are right by GaryPatterson · · Score: 1

      It may well be true that the laws need updating, but New Line entered into this under the current laws. These are laws that the content industry supports strenuously at every opportunity.

      New Line is wrong here. Wrong for supporting the current laws and wrong for trying to weasel out of paying their contractual obligations.

    31. Re:Come on, the studios are right by PMuse · · Score: 1

      It's all fine to say that copyright is too long and the public (i.e., us) shouldn't have to pay three billion dollars to see these 1955 stories in film. However, the 3 billion dollars was paid. This argument is only about who should get it. We certainly aren't going to get it back.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  17. Stupidity or incompetence? by Anonymous Coward · · Score: 0

    Either someone is screwing up paying the fees due for the LOTR-movies, or some asshat studio director thinks he can make the company some money by not paying up and waiting if he is found out. Of course, no one is going to complain if you screw them out of a couple of million dollars... Sheesh, do they want this movie to be made, or not? Chances are, it'll make them another zillion dollars, seeing how popular the LOTR-trilogy was. But first they screwed over Peter Jackson, making him reconsider making the film, now it turns out they haven't paid the copyright fees.

    Btw, isn't it ironic that a movie studio, seemingly very fond of copyrights and keen on apprehending copyrights violations would not pay their fees?

    1. Re:Stupidity or incompetence? by NormalVisual · · Score: 1

      Btw, isn't it ironic that a movie studio, seemingly very fond of copyrights and keen on apprehending copyrights violations would not pay their fees?

      I think a better word would be "hypocritical".

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  18. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Anonymous Coward · · Score: 1, Funny

    What kind of retard submitted this?

    My sources tell me that the submitter typed it correctly but that the Slashdot 'editors' were required to add the typo in order to 'keep it real'.
  19. Yeah, this is a good thing... by Anonymous Coward · · Score: 0

    because I never read digg.
    If you see all not-news here, why are you still coming?

  20. Front for the Mafia? by Anonymous Coward · · Score: 0

    Considering New Line Cinemas string of dodgy accounting practices and refusal to pay artists/directors their cut of the profits, it make me think they have some dodgy underworld connections.

  21. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Anonymous Coward · · Score: 0

    You mean it's a quote from TFS.

  22. Standard corporate intimidation by o'reor · · Score: 1, Redundant

    1- Sign a contract promising a percentage of the gross 2- Pay a small advance to get the job done 3- Once the job is done, don't pay one more cent, and laugh all the way to the bank. 4- Most contractants don't know a decent lawyer or can't afford them, or won't bother to sue -- too much worry. 5- Profit.

    --
    In Soviet Russia, our new overlords are belong to all your base.
    1. Re:Standard corporate intimidation by o'reor · · Score: 2, Interesting

      Yeah I know, formatting is for wussies! There I go again:

      1. Sign a contract promising a percentage of the gross
      2. Pay a small advance to get the job done
      3. Once the job is done, don't pay one more cent, and laugh all the way to the bank.
      4. Most contractants don't know a decent lawyer or can't afford them, or won't bother to sue -- too much worry.
      5. Profit.

      What's depressing is that this is becoming more and more a standard practice, as the courts do not demand enough punitive damage to seriously discourage such bullying... and New Line Cinema seems to have a long record at that.

      --
      In Soviet Russia, our new overlords are belong to all your base.
    2. Re:Standard corporate intimidation by Pecisk · · Score: 3, Insightful

      It is not standard practice. It is a how companies deal with business.

      Are you surprised? But this is what you get when company as entity have nor moral nor serious legal obligations to law. Surprise, it is cornerstone of so called American business thinking.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    3. Re:Standard corporate intimidation by JeepFanatic · · Score: 1

      You forgot this:

      4.5 ???

    4. Re:Standard corporate intimidation by poena.dare · · Score: 1, Insightful

      "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. . . . corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed."

      -- Abraham Lincoln, Nov. 21, 1864

    5. Re:Standard corporate intimidation by Turn-X+Alphonse · · Score: 0, Offtopic

      And you forgot the most important step, it should of been.

      1. Sign a contract promising a percentage of the gross
      2. Pay a small advance to get the job done
      3. Once the job is done, don't pay one more cent, and laugh all the way to the bank
      4. Most contractors don't know a decent lawyer/can't afford them or won't both to sue
      5. ???
      6. Profit

      It's just not a Slashdot list without the vital ??? step before profit. It's our bitter little way to show that plans always fail so we must use some sort of devil worship to achieve out goals.

      --
      I like muppets.
    6. Re:Standard corporate intimidation by NormalVisual · · Score: 1

      And in this case, paying their legal staff to keep it tied up in court forever is likely cheaper than performing on the contract as agreed. Or they could just do what a lot of defendants in small claims cases do - just refuse to pay any court-ordered judgement out-of-hand and rest easy in the knowledge that it can sometimes be practically impossible to force payment.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    7. Re:Standard corporate intimidation by Carewolf · · Score: 2, Informative
    8. Re:Standard corporate intimidation by jjohnson · · Score: 1

      The problem for New Line is that 7.5% of gross revenues is around $500 million. A lot of powerful lawyers will take that case on contingency, expecting a $200 million payout at the end. For that kind of payoff, I'm sure the Tolkien Trust has no shortage of serious law talent looking to help them for free.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    9. Re:Standard corporate intimidation by Catbeller · · Score: 1

      I know. But it's such a good statement. We should retcon history so that he did say it. Hell, we've made Gore say he invented the internet, so there's precedent for rebuilding reality.

  23. Re:Wow! by Anonymous Coward · · Score: 0

    It's amazing how quickly Slashdot is pulling its news from Digg these days Watch out Diggers - the Slash will rise agin'.
  24. MPAA HIppocrits by Junkyboy55 · · Score: 2, Interesting

    The MPAA and their lovers in bed the RIAA have been gong after people for downloading movies and music and everything in between in hopes that people will buy more CDs or specifically more songs (Wired says record companies make more money off songs than CDs>) even to the extent of saying it is illegal to rip CD you bought and put it on your computer and than again to place those same purchased songs on your iPod or MP3 player.

    This is pathetic. Those hippocrits are still making tons of money due to the Lord of the Rings trilogy and the millions they have made so far, they should at least be respectful. Without LoTR I bet New Line wouldn't have enough money to spend bribing congressman so they should be happy with the few they can buy off and wait for another movie after paying their debts to penetrate deeper and deeper in our government.

    Slowly and slowly we are electing the MPAA and RIAA into office and sooner or later the world will be come a dictatorship, not by a single person or politician, but by the entertainment industry telling us we can't even laugh without paying a tax for something funny.

    But what do I know?

    --
    One day the world of robotics will have the answer. ... Robonauts Home
    1. Re:MPAA HIppocrits by Anonymous Coward · · Score: 0

      What the fuck is a "hippocrit," sir? Is it an extremely critical hippo?

  25. Re:Wow! by SimonGhent · · Score: 1

    Maybe we can prove they come straight from Digg; did they have the same typo - 'The Lord of teh Rings'?

    --
    simon
  26. Oh no by Anonymous Coward · · Score: 0

    My precioussss

  27. In a very ironic way by zuki · · Score: 4, Insightful

    It looks like most of those around adaptations of Tolkien's works are one by one falling prey to the same
    sad curse that overtook Gollum...

    "My Precious, My Precious!... Must have the Precious!"

    If I may say so, I truly wonder what Tolkien himself would think of all this pathetic bickering and bitter lawsuits.

    Z.

    1. Re:In a very ironic way by o'reor · · Score: 4, Funny

      If I may say so, I truly wonder what Tolkien himself would think of all this pathetic bickering and bitter lawsuits.

      I think he would recommend rising an army of Elves, Dwarves, Hobbits and horsemen to besiege the Two Towers of New Line Cinema, and shoot their Nazgul lawyers whenever you get a chance.

      Wouldn't he?

      --
      In Soviet Russia, our new overlords are belong to all your base.
    2. Re:In a very ironic way by Anonymous Coward · · Score: 1, Insightful

      "....I truly wonder what Tolkien himself would think of all this ..."

      Well, he hated America and its obsession with money/stealing/dumbing down other country's cultures. He was convinced that the spreading machine culture he so abhorred would win in the end; that it would get control of his work, "confuse" and "degrade" its narrative, wrench it from its roots and turn it into a travesty of a popular film, cartoon or comic book. So he would probably say:

      "I knew it would go in the end - thank God it was only after my death."

      By the way, he never got much money from the film rights: http://books.guardian.co.uk/tolkien/story/0,,618713,00.html refers...

      And, by the way, Hobbits are ENGLISH, not IRISH. But US audiences hate the English, and love the Irish, so......

    3. Re:In a very ironic way by Anonymous Coward · · Score: 0

      According to one or both (it's been a while since I read them) of the biographies written while he was alive, Tolkien himself refused to give up creative control enough to sell any film rights during his life, though he is alleged to have conceded that he would be willing to license film rights for a large enough advance, far larger than any studio was willing to pay.

    4. Re:In a very ironic way by Anonymous Coward · · Score: 0

      besiege the Two Towers of New Line Cinema, and shoot their Nazgul lawyers whenever you get a chance.

      New Line Cinema hired IBMs lawyers?

    5. Re:In a very ironic way by elrous0 · · Score: 4, Funny

      I truly wonder what Tolkien himself would think

      I'm not positive; but I suspect his response would be long, boring, and involve a lot of walking.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    6. Re:In a very ironic way by Tom · · Score: 1

      Not sure. If TFA is correct and the studio simply didn't pay what they promised to pay, it looks more like another example of the greedy movie/music industry screwing over everyone they can find, from artist to customer, in order to keep as much as they can for themselves.

      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:In a very ironic way by Anonymous Coward · · Score: 0

      He probably would have been totally cool with it.

      He would have also supported Bush + Cheney on his blog and written essays describing the Iraq war as a halfling adventure.

    8. Re:In a very ironic way by MightyMartian · · Score: 1

      My copy of Tolkien's Letters is in storage, but as I recall, he used the phrase "cash or kudos" when there was an attempt in the late 1960s to bring LotR to the big screen. His attitude was either "make a good film" or "pay me lots of money".

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    9. Re:In a very ironic way by Anonymous Coward · · Score: 0

      And singing. You can't forget the singing on a long walk!

  28. nice by Anonymous Coward · · Score: 2, Interesting

    When I lived in Wales I shared a student house with a girl called Freya who is a close descendant of Tolkien. I have to say the family is a very nice family and they certainly should get alot more than they are currently getting for the rights. Then again, why should they make money for someone elses work that they didn't make themselves? It's a tough call, but I'm biased so I think they should get the money (and give some to me lol) :-)

    1. Re:nice by popmaker · · Score: 1

      Well, maybe for putting up with him in his most intense writing moments, being there for him, cooking dinner, even serving as some inspiration...

      Maybe you could also look at it as Tolkiens own right to do something for his family, leaving something behind for them. That's probably the basic thought, which then gets screwed up along the way when not-so-close greedy descendants think it's their right to get money for nothing just because they share a family name with the guy.

      But then again, what do I know?

    2. Re:nice by jcr · · Score: 2, Insightful

      . Then again, why should they make money for someone elses work that they didn't make themselves?

      Because the author chose to give it to them.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:nice by Anonymous Coward · · Score: 0

      Why can't Freya just get a job and work for a living like the rest of us rather than expect a free ride from a dead relative?

    4. Re:nice by Anonymous Coward · · Score: 0

      Was she hot?

    5. Re:nice by MightyMartian · · Score: 2, Informative

      Well, Christopher Tolkien, as JRRT's literary heir, has done a substantial amount of work, and has basically dedicated his retirement years almost solely to bringing the vast body of his father's works into print. The History of Middle Earth series is basically an in-depth literary archaeological dig, demonstrating the origins of Tolkien's mythos and its evolution from approximately 1917 when JRRT began work on The Book of Lost Tales (the earliest version of the Silmarillion) right through to the final writings in the late 1960s when Tolkien was trying desperately to reinvision the Silmarillion.

      I guess that probably doesn't count as "new" works, but if it wasn't for CJRT, pretty much everything in the Middle Earth mythos other than The Hobbit and LotR would be accesible only to a small group of people.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:nice by GaryPatterson · · Score: 1

      Come on, we all know he wrote The Silmarillion and all the later Histories books himself. The clues are everywhere! The Silmarillion is as bad as only a first book can be, and is obviously based on clues he found in The Lord of the Rings. He got better in the Histories but it's easier to write when you don't have to complete a story.

      Didn't you wonder how he kept 'finding' new text to expand on what was in a previous book? All very convenient... all too convenient!

      Now, what's the emoticon for "I kid, I kid" ?

  29. Accounting by fudgefactor7 · · Score: 1

    It's for reasons just like this that when you want to get actually paid what you're owed you make certain that the contract stipulates you get a percentage of "all gross revenues, without regard to source." The accountants can't fudge those numbers, and you get paid what you are rightfully owed. With crap like this going on -- where no movie ever makes a profit -- is it any waonder that the companies are seen as such scum?

    1. Re:Accounting by Anonymous Coward · · Score: 1, Informative

      American Certified Public Accountant speaking, posting anonymous from work.

      You *can* fudge these numbers easily. A firm can report anything management wants to report - the whole field of auditing grew out of trying to weed out the BS from such reports. If you read the literature, there have been some spectacular frauds perpetrated - and long before Enron and its' ilk.

      If a studio tells you "Well, our revenues were only X, so you get (.001)*X = NOT_MUCH you have to prove you are entitled to more. Many recording artists don't even have an audit clause in their contracts so they are not legally allowed any mechanism to actually verify, say, CD sales numbers. Movies would be even worse to verify given that the only physical product is a DVD - the rest of the ancillary revenue is theater showings, licensing, etc. And the licensing is all to third parties - how can the Tolkein family, in this example, verify how many LOTR lunchboxes were sold when the studio is relying on the lunchbox licensee for revenue figures, and the original licensor (Tolkein) has to get not only the production company and studio to disclose, but has to also rely on third-party vendors with long-established fiduciary relationships to the studio for licensing? They hire an auditor (expensive) assuming they have the contractual right to such an audit. If they didn't get a great lawyer to negotiate their original contract and they don't have deep pockets, they are hosed.

      I say this from personal experience - auditing can be a truly nauseating place to make a living.

    2. Re:Accounting by Anonymous Coward · · Score: 0

      It's for reasons just like this that when you want to get actually paid what you're owed you make certain that the contract stipulates you get a percentage of "all gross revenues, without regard to source." The accountants can't fudge those numbers, and you get paid what you are rightfully owed.

      Of course you can fudge that. Say that New Line wants to make & sell action figures. They could make & sell action figures themselves, in which case New Line's gross revenue for action figures is easy to find. Or, since New Line isn't in the action figure business, they would sell the right to make & sell action figures to another company (usually a related company) for peanuts. It's the other company that now has most of the gross revenue, not New Line.

      This happens all the time in all sorts of businesses. Many sports teams don't sell the TV broadcast rights on the open market, they sell the TV rights to a related company at a discount to the free market value. That way, the sports team can claim they aren't making much money when negotiating player salaries, or trying to get a new stadium built by the city government.

    3. Re:Accounting by MightyMartian · · Score: 1

      I can't speak to the body of the contract, but Tolkien, at least during his lifetime, did exert some creative control over dramatic products of his writings. There was a fellow, Morton Zimmerman as I recall, who actually produced a script (I don't know whether this ever went as far as pre-production) for LotR, which Tolkien put some effort into yanking apart. At the end of the day, Tolkien's attitude was "cash or kudos", pay lots of money or make it right.

      I have a suspicion that Tolkien was a smart enough cookie, and by the late 1960s, had accumulated enough wealth that he could afford a good legal team to watch his back. It's not like the big studios just started in the last twenty years to be lying fraudsters, so I don't doubt that the Tolkien Trust has the contract on-side. As well, while they're certainly not as rich as any of the big studios, LotR has long been a major seller, and the various other works released since Tolkien's death most certainly have given them a very big bank account.

      I suspect this will get settled rather quickly. I think the timing is telling. With Jackson likely to be directing the film, and things probably moving along in pre-production, now is the perfect strategic moment to hit up New Line for moneys owed, and also to make sure that they don't try the same stunt with The Hobbit.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  30. That's by vespacide2 · · Score: 1

    quite an aspiration.

    --
    Mever nind the typos.
  31. Per Eddie Murphy: monkey points by Anonymous Coward · · Score: 0

    Monkey points:

    In the motion picture industry, the term monkey points refers to the practice of many low budget production companies offering talent, such as actor or writer, a percentage of a film's profits, as opposed to a percentage of the film's gross, or a fixed salary. (The 'monkey' is intended to be derogatory.)

    This term was coined by Eddie Murphy, who also stated that only a fool would accept net points in their contracts; always insist on gross points. Since such projects usually never make any money--at least on paper--the talent who accepts a percentage of the project's profits usually never makes any money.

  32. That wasn't what they were saying by Anonymous Coward · · Score: 0

    Because they don't WANT 50-year copyrights.

    If New Line put their stuff down for a 50-year copyright and release stuff they own older than that, then maybe I'd go along with them.

  33. Wow by LordPhantom · · Score: 1

    You would think the Tolkien estate would be able to afford laywers up-front to advise them on the stupidity of that contract.

    1. Re:Wow by jjohnson · · Score: 1

      Actually, taking points on the gross, not the net, is the smart thing. On a net basis, no film has ever been profitable--that's why the author of Forest Gump got nothing but the up-front fee.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  34. Re:Fantasy, as a genre, is pure shit anyway by IBBoard · · Score: 1

    LotR childish? You obviously haven't tried reading the original (or its companion novels like the Silmarillion) recently. The majority of children in the majority of schools wouldn't get past the first page without getting confused by half a dozen words and deciding it was "wordy and boring".

  35. anyone remember dragon magazine by i.r.id10t · · Score: 4, Funny

    Anyone else remember Dragon magazine and the spoof on getting sued by the Tolkien estate - they weren't allowed to say "ring".

    "Someone get the phone, its circular metal banding off the hook!"

    --
    Don't blame me, I voted for Kodos
    1. Re:anyone remember dragon magazine by Fieryphoenix · · Score: 1

      I do! Phil Foglio for the win!

    2. Re:anyone remember dragon magazine by pdwalker · · Score: 2, Informative
    3. Re:anyone remember dragon magazine by ConceptJunkie · · Score: 1

      Did they ever get around to "Sex and D&D"?!

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:anyone remember dragon magazine by Minwee · · Score: 1
      They tried, but the editors just wouldn't let them.

      And those were the biggest hats he could find!

    5. Re:anyone remember dragon magazine by pdwalker · · Score: 1

      Since they are rerunning the entire series here, we'll eventually get to find out (for those who missed it the first time around)

      They even provide an RSS feed.

    6. Re:anyone remember dragon magazine by ConceptJunkie · · Score: 1

      I've probably got all of them since I bought Dragon pretty regularly through about 84 or 85. I also have the Dragon Magazine CD-ROM collection with all the magazines in PDF format. Still it's cool to have them all in a nice format, because the PDFs are a little lower-res than I would prefer. Plus, they are running "Buck Godot", which I have a few issues of, and "Girl Genius", which I'd never heard of, but looks pretty cool.

      Phil's done lots of cool work over the years, including the Myth adaptations, and I've been a big fan of his stuff.

      GROWF!

      --
      You are in a maze of twisty little passages, all alike.
    7. Re:anyone remember dragon magazine by KatchooNJ · · Score: 1

      Wow, that brings back memories. I used to love "What's News". I also remember enjoying Larry Elmore's weird strip, "SnarfQuest". lol :)

      --
      "Never give up, for that is just the time and place when the tide will change." -Harriet Beecher Stowe ^_^
    8. Re:anyone remember dragon magazine by i.r.id10t · · Score: 1

      heh. I have 2 Elmore originals here in my office - got them at GenCon in '83 or '84...

      --
      Don't blame me, I voted for Kodos
  36. Re:Fantasy, as a genre, is pure shit anyway by quintessentialk · · Score: 1

    Last I checked, most genre fiction (including most of sci fi) is crap. I wouldn't normally include LotR in that category, but I see what you're saying. LotR, Narnia, Pan's Labrynth, Spiderwick, etc... it does seem to be a bit much! Of course, one could say the same thing about comic book movies.

  37. This'll never win. by JazMuadDib · · Score: 1

    Throughout 3 hefty volumes, Sauron's forces had chance after chance to kill any of the four hobbits. And yet, they failed utterly. What makes these lawyers think they can do better?

    1. Re:This'll never win. by sulliwan · · Score: 2, Funny

      Lawyers are significantly more evil than the Nazgùl.

    2. Re:This'll never win. by Troy+Baer · · Score: 2, Funny

      I thought the Nazgùl were lawyers. Specifically, IBM's.

      --
      "My life's work has been to prompt others... and be forgotten." --Cyrano de Bergerac
  38. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Anonymous Coward · · Score: 0

    Why did you insert the apostrophe in "ring's"? The summary correctly had it as "rings". The only problems I see are the misspelled "teh" and perhaps the initial "the" should have been outside the quotes. (I'd rather see italics than quotes, but who cares?)

  39. Re:mod looser down by Farmer+Tim · · Score: 2, Insightful

    You misspelled "loser", and I can't even guess what you were aiming for with @#$%.

    --
    Blank until /. makes another boneheaded UI decision.
  40. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Hal_Porter · · Score: 1
    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  41. Nasty!!! by seanmeister · · Score: 3, Funny

    Nasty Tolkienses! TRICKSY!!!!!!

  42. I like to say that... by iknownuttin · · Score: 3, Interesting
    this is an example of why there needs to be IP law reform. I'm NOT saying it needs to be eliminated: just reformed. Tolkien, as far as I know, is dead. Why is his IP still owned? Why hasn't his stuff gone into public domain?

    The reason for IP is to give the creators an incentive to create, not for the folks who buy the rights to profit off of them for all eternity.

    --
    I prefer Flambe as apposed flamebait.
    1. Re:I like to say that... by Shados · · Score: 2, Interesting

      Agreed. I'm (one of the few) a full supporter of IP. However, the existing system is such a freagin mess... I want people and companies to be able to make a living from their ideas. NOT from the ideas of others. And making a LIVING means while you're ALIVE...

      One can dream...

    2. Re:I like to say that... by Anonymous Coward · · Score: 0

      It can take some time before you start making money of your IP. It'd suck if you were to die in an accident (or get assassinated by those who want your copyright to expire... ;) )just after you've finished a book that's going to be a bestseller. Then again, if you write that book in your twenties it makes little sense if you still make lots of money from that when you're eighty years old... How about a fixed number of years, and leave the death of the creater out of the picture.

    3. Re:I like to say that... by CaTfiSh · · Score: 1

      The reason for IP is to give the creators an incentive to create, not for the folks who buy the rights to profit off of them for all eternity. So, you're all for giving the studios an incentive to off their writers?

  43. Well, answer this by tkrotchko · · Score: 5, Insightful

    I agree that 50 years is too long (or about right).

    But what do you think the same studios would say if you took a film made in 1954 and just started distributing it? They'd sue you into oblivion. Further, it was the film studios themselves who pushed for such long copyright terms.

    So I don't see they have either the legal or moral standing to complain about this. They should pay their damned bills, frankly.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Well, answer this by radarsat1 · · Score: 1

      But what do you think the same studios would say if you took a film made in 1954 and just started distributing it?


      That would be crazy!
    2. Re:Well, answer this by Midnight+Thunder · · Score: 1

      I agree that 50 years is too long (or about right).

      This may be true, but we need to take into account copyright law as it stands now, when judging this case. If the studios are going to get rich off this copyright law, then surely should the owners of the estate? If they are going to fight the little people with this law, then at least let the little people fight back with the same law.

      --
      Jumpstart the tartan drive.
    3. Re:Well, answer this by sconeu · · Score: 1

      If the studios are going to get rich off this copyright law, then surely should the owners of the estate? If they are going to fight the little people with this law, then at least let the little people fight back with the same law.
      Hey, HEY, HEY!!!

      Get a hold of yourself. Don't you know that laws are for the benefit of $BIG_CORPORATIONS only!
      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  44. Re:Fantasy, as a genre, is pure shit anyway by Anonymous Coward · · Score: 0

    Scifi is fantasy, arseknuckles.

  45. Re:Fantasy, as a genre, is pure shit anyway by Elbart · · Score: 1

    Battlefield Earth 2, NOW!

  46. Re:Wow! by Random+BedHead+Ed · · Score: 4, Insightful

    Digg can be a neat site for the sheer volume of articles, but it has some serious and aggravating problems. To give one example: it was refreshing to come here this morning and find only one story about the Anonymous protests of Scientology instead of, oh, say, ten.

    The Anonymous group seems to have taken a page from Ron Paul supporters: they've positively Digg-bombed the place, putting multiple (and entirely redundant) stories onto the front page, as if this will somehow raise awareness about the CoS amongst a demographic that is vulnerable to the Church's tactics. But they can't do that on Slashdot because of the editorial control here. Add to this the fact that Digg is no longer news for nerds in the way Slashdot is (sports articles now show up with alarming frequency on Digg), and that the comments on Digg absolutely stink compared with those here (yes, they're even worse than ours).

    I enjoy Digg for its constant volume of new articles, but Slashdot's articles are much better presented (yes, even with the "teh" in TFA). If this site posted more frequent stories to compete with Digg's volume I'd have little reason to go to Digg. Volume is about the only advantage they have.

  47. Re:"'The Lord of teh Rings' trilogy". Jesus christ by Junior+J.+Junior+III · · Score: 1

    Teh kind taht type faster tahn tehy tihnk, I'd say.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  48. Re:"'The Lord of teh Rings' trilogy". Jesus christ by NormalVisual · · Score: 1

    I believe the question you meant to ask was, "what kind of retard let this story go live with such an obvious (though innocuous) spelling error?"

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  49. If no film makes a profit... by msauve · · Score: 4, Funny

    shouldn't the MPAA be thanking filesharers, since they're diluting their losses? (just using Hollywood accounting logic here)

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:If no film makes a profit... by Rogerborg · · Score: 2, Insightful

      Ooh, I'd love to see that one argued in court. Unfortunately, since studios stopped paying their employees and started buying politicians, you damages aren't actual, they're statutory and punitive.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:If no film makes a profit... by AmaDaden · · Score: 1

      I think your on to something. Their creative accounting is basically them playing the boy who cried wolf. "Oh we lose so much money!". With file sharing around they now have a sickly gray dog they can point to when people start asking where the wolf is. "We would love to pay to Mr.Jackson/The Tolken family but those darn file sharers make it so hard for us to make a living!". I was wondering why the MPAA was not as vocal as the RIAA, I guess now I have my reason...

    3. Re:If no film makes a profit... by LWATCDR · · Score: 0

      No they are loosing money because of the file sharers.
      Actually I am not fond of the media companies or the file sharers for the same reason.
      People should get paid for their work.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  50. Those bastards! by Guppy06 · · Score: 1

    Without the royalty money, how is author J. R. R. Tolkien going to afford to put food on his table? Why, without the royalty money, he may not even be able to afford to write a new book!

    (I'm not sure who to cheer for here)

    1. Re:Those bastards! by moderatorrater · · Score: 1

      On the one hand, you have the descendants of a man who wrote a great series of novels, probably the most important novels in the fantasy genre. They're using a system to live off of that work when they probably shouldn't.

      On the other hand, you have a corporation which doesn't actually create anything, just facilitate others creating it. They then use those same set of laws to abuse the system and own the copyright themselves. They then sue the pants off of anyone who even come close to infringing on their overbearing rights to creative content they didn't create. Then they turn around the screw the creators after charging at least twice the amount they need to for the public to view the work, thus making sure that the only people who get rich off of the creative work are the executives of the corporation itself.

      So, to sum up, you've got a family that's not abusive in its power, just living off of a system that probably shouldn't exist. They're up against a corporation which screws everyone that it can and then tries to burn their corpse, claiming rape the entire time. Use your own judgement, but I know who I'm cheering for.

    2. Re:Those bastards! by SanityInAnarchy · · Score: 1

      Maybe you can't tell who to cheer for...

      But it should be obvious who to boo for.

      --
      Don't thank God, thank a doctor!
    3. Re:Those bastards! by Khashishi · · Score: 1
      (I'm not sure who to cheer for here)

      No need to set up a dichotomy here. Just boo them both.

    4. Re:Those bastards! by Fantastic+Lad · · Score: 1
      You're right. --Although, I would suggest that at least Christopher Tolkien was fairly involved in the original creative process. He and his father, as I understand it, would discuss at length Hobbit culture and spent years involved in this way as the story developed. --I wouldn't want to get legal about it, but this kind of collaboration can be important for a creator.

      I met the fellow who created the original Men in Black comic book series. He was similarly paid an appallingly small amount for his efforts by the movie studios. What I find astonishing is that SO much money is made; how painful, really, would it be to share it with the right people?

      This is why I think either the corporations or the executives or both are psychopathic. No real human agency would behave so poorly.


      -FL

    5. Re:Those bastards! by MightyMartian · · Score: 1

      The problem is that this always ends up being a civil matter, and unless you've got a hefty war chest (which I'm certain the Tolkien Trust does), you're fucked. If you can't afford to take them to court and see it all the way through years of expensive litigation, you might as well just give in.

      Now perhaps if the criminal system got involved, and misreporting of earnings and non-payment were given full status as fraud, and executives started seeing the insides of jail cells, and studios were fined tens of millions of dollars every single time they pulled this stunt, then things might be different.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  51. Gross vs Net by Anonymous Coward · · Score: 0

    If it really was 7.5% off the gross and not the net, Newline could be in for a world of hurt.

  52. Copyright Length, Studio Lies and Royalties by DarkSarin · · Score: 2, Insightful

    First, as everyone should know: you never, ever sign a contract for royalties on net profit. There will never be ANY net. Period. It is far too easy to make that happen, especially if you are not on equal footing. It doesn't metter what the relationship is, if you are signing a contract where you get royalties for anything, it is always on the gross revenue, never anything else. End of story.

    Second. Studios lie about their revenue. The WGA strikes have shown this, and everyone knows it. Everyone knows that they lie about revenue. Essentially what you shuold be doing when you saying when you sign a contract with the studio is this: I get to choose the highest available estimate of revenue as my basis for what you owe me on royalties. If you put out figures claiming the film has grossed $1.2b at the box, then we go by that figure, unless you have other figures that are higher. You can't claim one figure publicly and then sell me on another, lower, figure in private. On the other hand, those in estate situations like this should be able to to demand open accounting on projects. I know I would. If you sell the movie rights to a book, then you should probably say something like: I need to have access to the accounting procedures for complete independent review.

    Third, I am also ambiguous about copyright length. I strongly maintain that authors, even those doing work for hire, should retain private copyright. Corporations should not own copyrights in the same way that private authors do. Who then would own the story for Pixar's movie 'Toy Story'? I don't know. I think that when a team of individuals are doing a collaborative work, then the corporation can own the copyright for a period of time not greater than 25 years (or some other period of time). This gives the studio sufficient time to reap profit from works, but then allows them to become public domain in an appropriate fashion. Individuals or private teams (say co-authored works) become copyrighted for the life of the author or primary author. After this time, the estate may continue to produce related material and any new material is under copyright of the new author using their life as the benchmark. I think provisions for the immediate descendents garnering automatic royalties for major deritive works would be appropriate, which would be mean that Tolkien's children would get money for the production of anything made related to Middle Earth, but they would have no control over what actually got made. It would then be up to consumers to decide what was worthy of purchase and what was crap. A rare and shocking concept, true, but I think an important one.

    --
    "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
    1. Re:Copyright Length, Studio Lies and Royalties by kasek · · Score: 1

      from the summary: "The Tolkien Trust says that New Line paid them only $62,500...instead of the agreed-upon 7.5 percent of gross receipts of all film-related revenue."

      they went for gross, not net

    2. Re:Copyright Length, Studio Lies and Royalties by PCM2 · · Score: 1

      If you sell the movie rights to a book, then you should probably say something like: I need to have access to the accounting procedures for complete independent review.

      As far as I understand it, rights to books are usually sold for a flat fee, up front. Authors don't get a percentage; but that's OK, because they get paid whether the movie ends up getting made or not.

      --
      Breakfast served all day!
    3. Re:Copyright Length, Studio Lies and Royalties by Anonymous Coward · · Score: 0

      "I think provisions for the immediate descendents garnering automatic royalties for major deritive works would be appropriate, which would be mean that Tolkien's children would get money for the production of anything made related to Middle Earth, but they would have no control over what actually got made."

      You think Chris Tolkien got a kickback from the LoTR Porn spin-off? What was it, Whored of the Rings?

  53. Re:Wow! by aplusjimages · · Score: 2, Funny

    No that's the actual title of teh movie. They modernized it to get teh kids interested.

    --
    Can I bum a sig?
  54. What do I have in my pocket? by CrazyJim1 · · Score: 1

    Oh yeah, all the money we scammed from the family of Tolkien.

  55. Re:Fantasy, as a genre, is pure shit anyway by Pope · · Score: 1

    Golly, sorry to hear that you're forced against your will to read these books and see these movies!

    --
    It doesn't mean much now, it's built for the future.
  56. I got a better idea. by Lilith's+Heart-shape · · Score: 1

    Screw Battlefield Earth 2, I'm still waiting for History of the World, Part 2 and Spaceballs II: The Search for More Money. "See Hitler on ice! See a Viking funeral! See Jews in SPAAAAAAAACE!!"

  57. one decimal place over by gonzoxl5 · · Score: 3, Informative

    7.5% is actually a hair over $65 million

  58. ummm.... by vespacide2 · · Score: 1

    Need I say more?
    (I mean "Need eye sae moore?")
    I'm starting to think I took a joke seriously. Doh!

    --
    Mever nind the typos.
    1. Re:ummm.... by Farmer+Tim · · Score: 1

      Ewe knead knot. What I was saying in my satirical way was: complaining about complaints about spelling mistakes has got to be the dumbest @#$% evr, complaining about spelling mistakes isn't quite there because even though it's not constructive, at least it's accurate.

      And as for being modded "Insightful", I would have thought talking about correcting an expurgated expletive was a clue about the intended parody; apparently not obvious enough. I must remember to include the word "fart" in anything I mean to be funny, just so the other moderators know.

      --
      Blank until /. makes another boneheaded UI decision.
  59. Re:Fantasy, as a genre, is pure shit anyway by BlackCreek · · Score: 1

    I read the LotR trilogy. The English original text.

    The best description I have for it is: vast as the ocean, deep as a plate.

    (Perhaps if I had read it when I was 9 or 10... but I read it when I was 18, and that was way too late....)

  60. A mod updated it to not be so stupid looking by Anonymous Coward · · Score: 0

    They fixed it after the OP posted, that's why, assclown.

  61. Re:Wow! by somersault · · Score: 2, Funny

    Meh, it was a poor attempt. Call me when Teh Lol of teh Ringz0rz comes out.

    --
    which is totally what she said
  62. Re:Fantasy, as a genre, is pure shit anyway by mooglez · · Score: 1

    On my last attempt to reread LotR, I had to quit at the first Tom Bombadil dance and song scene.

  63. Lord of the Royalties by kars · · Score: 1

    'nuff said.

    --
    Take life easy: one bit at a time.
  64. Who the hell is "Tolkien Trust"? by BerislavLopac · · Score: 1

    As far as I know, there is the Tolkien Enterprises, based in US and controlling the film, stage and merchandise rights to Lord of the Rings and Hobbit, which Tolkien sold in 1969 (for a flat fee, AFAIK, so no royalties are involved); and there is the Tolkien Estate, based in UK and owning the rights to everything else Tolkien ever wrote, including the Silmarillion and what was published as "The History of Middle-earth". The Estate is ran by JRR's son Christopher, and he is strongly against any derivative work (films etc) based on anything the Estate controls. However, as far as I know again, the Estate cannot claim any damages by any work based on LotR and Hobbit, as those rights were sold by Tolkien himself. IANAL, so it's possible that there is some legal clause which might revert the sale after the author's death, but if it was so I'd guess that the Estate could have enforced that a long ago since the author's death in 1973.

  65. Of course... by encoderer · · Score: 5, Insightful

    Here's basically how it works..

    New Line makes movie, movie costs $100MM to make.

    Movie is a moderate hit, Movie makes $150 MM in theaters and tie-ins in the first year.

    The $150 MM Profit number gets reported by New Line to your little website.

    But, there's more...

    The actual studio and sound stages aren't owned by New Line, they're owned by New Line Studios and Sound Stages, Inc.

    And they must be compensated. $5 MM.

    And, of course, the post-production is done by New Line Post Production, Inc.

    Andd they must be compensated. $10 MM.

    And then there's the TV advertising. This is done by New Line Trailer Production, Inc.

    And they must be compensated. $30 MM.

    And we can't forget the costs of booking travel and making the logistical operations. This is done by New Line Logistics

    And they must be compensated. $5 MM.

    And when it's all said and done...

    Damn...

    The movie JUST broke even.

    Sorry little fella, but New Line made a big investment here, and we just don't have the ability to pay you out of our pockets: As it is we just broke even!

    Of course, all those Subsidiaries will be kicking most of that back upstairs, but hey, that's THE BIZ!!!!

    1. Re:Of course... by Anonymous Coward · · Score: 0

      But the summary said 7.5% of gross, so it's not about net profits.

    2. Re:Of course... by Spytap · · Score: 1

      Well that's a little inaccurate for the simple reason that things like studios, logistics, post, travel, etc. are all part of the "production" budget that you quoted at 100MM. The rest of it comes down to things like marketing, making prints for theaters, distribution fees, marketing, advertising, etc. but the principles laid out above are the same.

    3. Re:Of course... by ThePyro · · Score: 1

      How do the film studios avoid being held liable for failing to perform due diligence? In other words, if New Line Catering Service charges a bazillion dollars to deliver food to the set, isn't it negligent for New Line to hire them at such exorbitant rates? Shouldn't New Line have an obligation to look out for the interests of all the stakeholders?

    4. Re:Of course... by MightyMartian · · Score: 1

      This whole colossal fraud has been going on for decades, and really accelerated with the dawn of the major blockbuster in the 1970s, because the courts and various levels and branches of government and state and federal levels have been complicit. Rather than sending in an army of IRS auditors to tear apart the major studios' bookkeeping, everyone turns their heads. Every once in a while someone who has been shafted by Hollywood has the balls to call them on it, but you rarely hear the end of the story, because everything just sorta disappears into new negotiations where the screwed party is paid off and it goes away.

      This is what makes the MPAA even being allowed to talk to Congress about how much it is supposedly being hurt by all this rampant piracy (which guys like Roger Ebert have already pretty much shown to be pure bunk) is the worst crime of all. A properly informed Congress would say "Tell you what, let's send in forensic auditors for to check out a randomly selected ten movies that you claimed lost money, and then, when that's done, we'll talk about helping you with anti-piracy initiatives."

      In fact, I'm reasonably certain that the studios actually love piracy, precisely because it's yet another "bottom line" deduction they can make as they turn massively profitable films into, apparently, break-even or even money-losing ventures.

      If this were any other business, someone at the IRS and state revenue agencies would be reading about this lawsuit, putting down their newspapers and making a call to the auditing department and to the Attorney General, but this is Hollywood, and no one dare, just in case they all move to Canada or Lithuania or something (that's the threat the Big Studios seem to use).

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Of course... by ekhben · · Score: 1

      So, um, all those costs that you listed, that were involved in making the movie, wouldn't they be part of, oh, say, the $100M *cost of making the movie* ?

    6. Re:Of course... by RobertM1968 · · Score: 1

      How do the film studios avoid being held liable for failing to perform due diligence? In other words, if New Line Catering Service charges a bazillion dollars to deliver food to the set, isn't it negligent for New Line to hire them at such exorbitant rates? Shouldn't New Line have an obligation to look out for the interests of all the stakeholders?

      By stakeholder, do you mean shareholder? If so, then by doing this, they are... since the money going to the subsidiaries goes back up the line to New Line, then the shareholders, who own it all, by owning the parent company, see the money - it just isnt coming from New Line's (the parent) profit off the movie - but instead coming from the subsidiaries' profit from the parent having certain elements of the production, marketing, distribution, etc... Basically, if New Line owns the subsidiaries, New Line's profits havent changed - they are just being allocated differently.

      Like the DVD example... if New Line (parent) sells the DVD rights to New Line Home DVD for .50, then New Line (parent) sees pretty much nothing for it THERE, but New Line Home DVD then sells the movie at lets say $25 (assume that is the going rate)... New Line still is getting $25 net - but it's through their subsidiary. So, the parent company shows no direct earnings for the DVDs and shows tremendous earnings from it's Home DVD division.

  66. !kill by plopez · · Score: 1

    Just because new line does not do the film doesn't kill it. They can either independently produce it or find another studio.

    --
    putting the 'B' in LGBTQ+
  67. Tax evasion by slyborg · · Score: 1

    I'm surprised that the IRS hasn't appeared on the scene at some of these movie studios - don't these accounting practices also involve tax evasion? If there are films making billions, the IRS should be in for a tidy amount.

    1. Re:Tax evasion by Erastus · · Score: 1

      Corporations don't pay taxes if they can help it. There is literally a separate set of financial reports made to the IRS than is made to Wall Street. Different depreciation methods, inventory valuation, and other stuff I don't understand completely.

    2. Re:Tax evasion by Anonymous Coward · · Score: 0

      small penis?

    3. Re:Tax evasion by tompaulco · · Score: 1

      Hollywood accounting uses the same tax law as any other corporation. They are not evading taxes, they are avoiding taxes, which is completely legal and the laws are in place to encourage you to avoid taxes because they feel that the certain laws that allow you to avoid taxes would cause them greater revenue in the end. For instance, payroll is deductible, but if you hire more people, than the IRS gets more money from the overall benefit to the economy than they would have by just taxing you on the money if you HADN'T hired more people.
      The difference in Hollywood Accounting is that they would actually have the gall to offer a contract based on net profit, which they know in advance will be zero or less, whereas hopefully most other businesses would not do that.
      Some companies I have been involved with have done the same as Hollywood. They have based my bonus on performance, not on my performance, but that of the company. Which means that if they don't want to pay me a bonus this year, they just have to increase the CEO's pay enough to bring the profit down to zero. Or they could pay a dividend to the shareholders, etc, etc.

      --
      If you are not allowed to question your government then the government has answered your question.
    4. Re:Tax evasion by MightyMartian · · Score: 1

      Um, attempting to distort net profits is indeed against the law. Any other business that played the accounting games that Hollywood studios do would be shut down, and its accountants and chief officers sitting in jail. However, because Hollywood is a rather important sector of the California economy, everyone has, for over half a century, decided to look the other way.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Tax evasion by Anonymous Coward · · Score: 0

      Essentially these guys use shell companies, so company A, lets call it "New line Productions" the primary company who made a deal with the various actors/directors, etc. doesn't make any money because it sold the rights to the dvds to New Line DVD for $1, merchandising to New Line Merchandising, film distribution rights to New Line Distributors, etc.. so "New Line Productions" doesn't have much revenue, but "New Line DVD" sure made a killing, and taxes will be paid on that, and so on with the various other companies, but that does not count towards the revenue calculation for those who signed a contract with New Line Productions.

      From a tax perspective, everything gets paid, just by a bunch of different entities. I am not sure what kind of situation New Line is in, but this sure seems like a situation where they sure may have fleeced Jackson for what he is due, but this may come back to bite them hard.

    6. Re:Tax evasion by Anonymous Coward · · Score: 0

      Um, attempting to distort net profits is indeed against the law.

      You gotta be kidding! Of course not. Any idiot can engage in tax fraud. The reason there are so many accountants and tax lawyers is to legally structure your business or personal affairs to pay the absolute minimum in tax.

      Here's a very simple example. Many companies pay Christmas bonuses, and everyone likes to receive a bonus. If you tell your boss "don't give me the bonus on my dec 20 paycheck, put it on my jan 3 paycheck", you delay paying income tax on the bonus for an additional year. Perfectly legal, and you pay less tax.

      Most accounting schemes are much more complex. While Enron was engaged in large scale fraud, many of the off-balance sheet methods they used were perfectly legal at the time.

      because Hollywood is a rather important sector of the California economy, everyone has, for over half a century, decided to look the other way.

      Not at all. They do this to reduce the amount of net profit, because so many people have contracts for a percentage of net profits. These days, the actors, screenwriters & directors all know about this scheme, so they won't sign for a percentage of profits, only a percentage of gross revenue.

    7. Re:Tax evasion by MightyMartian · · Score: 1

      I highly doubt moving a Christmas bonus check to another fiscal year is actually legal. Reporting expenses or earnings in a fiscal period other than when they were incurred or generated is usually a no-no. Maybe for small-time stuff the IRS wouldn't care too much, and generally with wages, they get you one way or the other (it doesn't show up in 2007, but it will show up in 2008), but inflating expenses through wholly-owned subsidiary companies is just the sort of fraud that an IRS auditor would go to town on, if they were allowed to, which they're not with the Big Studios, who have effective immunity from any sort of prosecution over the goofy accounting.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  68. actually by vespacide2 · · Score: 0, Redundant

    I kinda liked it.
    maybe I'll go pro some day.

    --
    Mever nind the typos.
  69. Do they own the movie rights? by noldrin · · Score: 1

    I had always been told that Tolkien sold of the movie rights to the books long ago cause he didn't think it would ever be possible to produce a movie. Is this true or urban legend?

    1. Re:Do they own the movie rights? by bettega · · Score: 1

      J. R. R. Tolkien sold the rights for a sum of money AND a percentual from the works derived from the license. The Tolkien Estate ("the family") requires now that percentual.

    2. Re:Do they own the movie rights? by bettega · · Score: 1

      Just do give the URL to that information: http://film.guardian.co.uk/lordoftherings/news/0,,616876,00.html

  70. living up to contract obligations by Danathar · · Score: 1

    Why oh why does Hollywood have such a hard time with living up to contract obligations. Just goes to show you that to them, signing a piece of paper means nothing to them.

  71. Movie industry math by Anonymous Coward · · Score: 2, Funny
    Breakdown of gross income on LOR movies:


    Box office receipts = $6 billion
    Loss to piracy = -$10 billion
    Total gross income = -$3 billion

    Sorry, there's no money left.

  72. First I've heard about a percentage of the gross by MarkLR · · Score: 1

    I've always thought that Tolkien sold the film and stage rights to LoTR and The Hobbit in 1969 for a fixed amount. The issue is not whether the LoTR movies made a lot of money or had a high gross but whether there is some contract between the studio and the Tolkien Trust stating that the Tolkien Trust is owed part of the movie's receipts. If there is some a contract the Trust should make it publicly available.

  73. Re:Fantasy, as a genre, is pure shit anyway by Anonymous Coward · · Score: 0

    You have to admit, the Silmarillion was pretty boring - it was written like a history book. I loved the trilogy.. but just could never make it through the Silmarillion.

  74. greedy vs. greedier by Anonymous Coward · · Score: 0

    It's hard to know who to root for here; the greedy family who want to profit off work they did not create, or the greedier studio who wants to profit off work they did create (but didn't originate). At least the studio will use the money to create more movies, the Tolkien's will probably use the money to hire better lawyers for their next licensing negotiation.

  75. Why did this take so long to do? by djfake · · Score: 1

    Hello MR CHRISTOPHER REUEL TOLKIEN, MS JOAN ANNE REUEL TOLKIEN, MISS PRISCILLA MARY ANNE REUEL TOLKIEN, and MRS BAILLIE TOLKIEN. It's 2008. The first LotR film came out in 2001. What's have you been doing for the last seven (7) years?

    --
    www.itjerk.com
    1. Re:Why did this take so long to do? by nagora · · Score: 1
      The first LotR film came out in 2001. What's have you been doing for the last seven (7) years?

      Probably asking politely. Lawyers can spin out "Let's have a meeting" for a long, long time.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:Why did this take so long to do? by bettega · · Score: 1

      They said that they were forbidden to make an auditory in the last TWO movies. The last one is from december/2003. That makes about 4 years of lawyers talk only. A short time... to lawyers.

    3. Re:Why did this take so long to do? by djfake · · Score: 1

      And we all thought that New Line was so so smart for filming all three movies at once. Little did we know...

      --
      www.itjerk.com
    4. Re:Why did this take so long to do? by GaryPatterson · · Score: 1

      The story says that they've made many approaches to New Line but not received a satisfactory reply. Those approaches can take a long time when lawyers are involved, and probably didn't start until the books closed on the third film.

  76. Re:Fantasy, as a genre, is pure shit anyway by russotto · · Score: 1

    Most genre fiction is crap (Sturgeon's law), and pretty much all literary fiction written since there was a distinction is crap.

  77. Marriage as contract by Tony · · Score: 5, Insightful

    A couple breaking the promise of marriage, or a parent breaking a promise to their son or daughter is really no different...

    Marriage is a tad different, in that the things that are promised ("vowed," which is a word we don't hear often enough without irony) are impossible to promise. You may say you will love, cherish, and respect another until the day you die, but you are not promising something you can, in good faith, honestly *know* you can deliver.

    People change. Feelings change. Circumstances change. To promise to love someone forever is not a realistic promise. You can promise to *try*. But you can't promise you *will.* At least, not with any real certainty.

    In business (and in promises to kids or spouses about realistic promises), you are promising to deliver something that is within your ability. If you promised something you *can't* deliver, you are a liar. If you renege, you are a cheat (in the case of business).

    I do wish there were a code of honor these days, but there isn't. Instead, misinformation, lies, and manipulation are the norm in politics and business. So, why shouldn't it be the norm in our day-to-day lives, as well?

    Oh, well. If you do your best to be honorable, I will also do my best to be honorable. If we can get a few hundred thousand to also be honorable, we might be able to change things for the better.

    I wouldn't count on it, though.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Marriage as contract by TriezGamer · · Score: 5, Insightful

      Some of us believe the love is an action, not an emotion. As such, we don't necessarily believe such things are impossible to achieve.

    2. Re:Marriage as contract by NealokNYU · · Score: 1

      Someone get this man a mod point!

    3. Re:Marriage as contract by cparker15 · · Score: 1

      Yet people still make that promise, anyway. So, instead of breach of contract, then what? Perjury?

      --
      Have you driven a fnord... lately?

      You must wait a little bit before using this resource; please try again later.

    4. Re:Marriage as contract by Anonymous Coward · · Score: 1, Insightful

      I feel bad for you.

    5. Re:Marriage as contract by Anonymous Coward · · Score: 0

      People change. Feelings change. Circumstances change. To promise to love someone forever is not a realistic promise. You can promise to *try*. But you can't promise you *will.* At least, not with any real certainty.


      Don't say the words if you don't mean them. Just change the vows to: To have and to hold, from this day forward, for better, for richer, in health, to love and to cherish 'till I don't want to anymore.

    6. Re:Marriage as contract by ultranova · · Score: 1

      People change. Feelings change. Circumstances change. To promise to love someone forever is not a realistic promise. You can promise to *try*. But you can't promise you *will.* At least, not with any real certainty.

      In business (and in promises to kids or spouses about realistic promises), you are promising to deliver something that is within your ability. If you promised something you *can't* deliver, you are a liar. If you renege, you are a cheat (in the case of business).

      If you promise to deliver ten thousand units of your new cutting-edge CPU, and an earthquake destroys the facility producing the chips before that many are produced, you can't deliver what you promised yet are not a liar.

      No human being - indeed, no being of limited ability - can possibly be certain that they can deliver what they promise. A business deal is no different than marriage wov in this regard. Certainty is not the province of mere mortals.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:Marriage as contract by arminw · · Score: 1

      ....and an earthquake destroys the facility......

      Those kinds of events are often called "an Act of God" and were and still are usually exceptions and therefore valid reasons to not deliver on a promise. In this discussion, there was no earthquake or anything else that prevented New Line from paying what they promised. They have the ability to make good on their promises, but they don't feel integrity is as important as their greed. In your scenario the insurance money can be used to indemnify the customer who ordered those CPUs.

      Most contract disputes nowadays arise where one party sees a sometimes substantial financial disadvantage if they fulfill their part of a deal. Taking a large financial hit is not a valid reason to weasel out a business deal. The right thing to do is to suck it up and fulfill the promise anyway.

      People took ALL promises, especially marriage vows, much more seriously say 150 or so years ago than today. That is a fact you may deny, but is nevertheless true.

      --
      All theory is gray
    8. Re:Marriage as contract by arminw · · Score: 1

      .....in good faith, honestly *know* you can deliver.......

      The key word here is CAN. It's not that people can't, so much, rather than not wanting to. There is the saying: "Where there is a will, there is a way".

      Feelings change and so does the weather. Love is not a feeling, but an act of the will. It is amazing what people can do if the want to. Almost all the time, saying "I can't" should be translated "I won't".

      --
      All theory is gray
    9. Re:Marriage as contract by The+One+and+Only · · Score: 1

      Sounds like some of you have never truly experienced love. Love isn't the action, it's the motivation to action. Carrying out the same action without the emotion profanes the very idea of love. If you commit yourself to another person out of genuine respect and adoration, that's love. If you commit yourself to another person out of a sense of duty long after that respect and adoration has been lost, that's deception and slavery masquerading as love.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    10. Re:Marriage as contract by geekoid · · Score: 1

      Poetically put, but wrong.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  78. Never met an innovator by Tony · · Score: 1

    If an inventor wants to monetize his invention, he should either develop it himself or license it to a company to develop.

    I think that's the *best* way to revamp our "intellectual property" laws. Change it so that patents and copyrights may only be held by the individuals who created the work or invented the patentable idea. Corporations should be barred from owning the copyrights or patents. The only IP a corporation may own is its trademarks.

    Patents would be good for the standard 20 years, or to the death of the patent holders, whichever comes first. Copyrights would be good for the life of the authors. I mean, why the hell not? Sure, that might be 80 years, but what the hell. It's not like we *need* it.

    Non-transferable, individually-granted patents and copyrights are really the only way to move back to a fair IP structure. Granted, it makes the assumption that copyrights and patents actually encourage progress rather than hinder it (which is an article of faith-- they has not been shown to help at all).

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Never met an innovator by Courageous · · Score: 1


      What you've said is a fine idea, however you would have to put more meat behind it. There is nothing to prevent, in what you propose above, employment contracts that would require an _exclusive_ license, written in such a fashion as to be "as good as" ownership in most every legal sense.

      Having thought about this before, you would need to, at a minimum, require that the original work holder always receive some statutory minimum royalty.

      C//

    2. Re:Never met an innovator by homeslice3 · · Score: 1

      Let's see, patents/copyrights are good until the death of the patent holder or copyrighter. Somehow I think every time a novelist write the great American novel or an inventor produces something amazing, they'd suddenly die of 'heart attacks' or 'brain tumors'.

    3. Re:Never met an innovator by bloobloo · · Score: 1

      Unfortunately, it doesn't work in practice. While I can design the equipment to manufacture catalyst for oil refineries, I don't have the tens of millions of pounds needed to make even a small catalyst manufacturing plant. It has to be done by a company. And if they don't have the patent, what is there to protect the investment?

    4. Re:Never met an innovator by Harin_Teb · · Score: 1

      Patents are not now, nor have they ever been (In the US) good for the life of the inventor. They have always had a set patent term that expires after X years (formerly 17, now 20). The term is in NO WAY tied to the life span of the inventor.

    5. Re:Never met an innovator by drsmithy · · Score: 1

      I think that's the *best* way to revamp our "intellectual property" laws. Change it so that patents and copyrights may only be held by the individuals who created the work or invented the patentable idea. Corporations should be barred from owning the copyrights or patents. The only IP a corporation may own is its trademarks.

      I agree with the spirit, but practically speaking this isn't doable. Many works inherently involve multiple participants. No one person can hold the copyright to, say, a movie.

      Patents would be good for the standard 20 years, or to the death of the patent holders, whichever comes first. Copyrights would be good for the life of the authors. I mean, why the hell not? Sure, that might be 80 years, but what the hell. It's not like we *need* it.

      Because it removes incentive to create more.

  79. The Silmarillion *is* a history book. by Lilith's+Heart-shape · · Score: 1

    You have to remember that Tolkien was a philologist, first and foremost. The Lord of the Rings is a history of a war that happened in a world that never existed. The Silmarillion is another history, mixed with an origin myth that resembles the Judeo-Christian creation myth (check out the parallels between Melkor/Morgoth and Lucifer/Satan). All of those books that Christopher Tolkien compiled from Tolkien's notes and unfinished material are also works of history.

    1. Re:The Silmarillion *is* a history book. by KatchooNJ · · Score: 1

      Yeah, The Silmarillion read like the Old Testament, to me.

      --
      "Never give up, for that is just the time and place when the tide will change." -Harriet Beecher Stowe ^_^
  80. Lawyers are easier to kill. by Lilith's+Heart-shape · · Score: 1

    How can lawyers be easier to kill when they're just flesh and bone, like normal people? It's not like the head of New Line's legal department can only be killed by a woman after being hamstrung by a hobbit.

  81. You keep saying this by Anonymous Coward · · Score: 0

    but what incentive is there for killing someone to remove the copyright? Because all of YOUR competitors will now get access to the previously copyrighted work and you will not be able to get monopoly rent from it.

    And when you're caught out in flat-out murder, do you think the corporation is going to be able to pay a fine???

    1. Re:You keep saying this by ivan256 · · Score: 1

      I "keep" saying this? I don't recall ever having said that before...

      Regardless, I don't see how either of your rebuttals make sense. People kill for much less than the potential millions of dollars that could be involved here with no regard for the possible murder sentence. Many of them are never caught anyway. And what's with this "corporation paying a fine" crap? A corporation wouldn't have anything to do with it in terms of punishment. You have the guy that ordered it, and the guy that did it. If they get caught they go to jail and the corporation moves on. If there's even a corporation involved at all...

      Additionally, the competitor's argument doesn't seem to make much sense either. If you're having somebody killed so that you don't have to pay them royalties, there probably aren't any competitors involved in the scenario.

  82. Man, I'm drunk. by Lilith's+Heart-shape · · Score: 1

    I had meant to say, "How can lawyers be more evil". Sorry 'bout that.

  83. Terry Gilliam does the Hobbit? by tjwhaynes · · Score: 4, Funny

    Just scoop up Michael Bay and it'll do just fine. Or that guy who did Time Bandits.

    Now there is a great idea - have Terry Gilliam do the Hobbit. Only the plot would need some twisting to make it into Gilliam territory.

    When the dwarves are captured by the elves, at least one needs to die during interrogation while believing that they are escaping. Sting would need to be a vorpal blade. Smaug would swallow its victims and then spit out the bones. Some time travel would be inevitable while leaving Dale. Shelley Duval would make a cameo appearance asking Thorin to return the map. Thorin would become delusional and would try to reach the Mountain in a balloon. It would all end with Bard declaring that he was not the Messiah.

    Cheers,
    Toby Haynes

    --
    Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
    1. Re:Terry Gilliam does the Hobbit? by Wellspring · · Score: 1

      And I thought I was twisted for suggesting Michael Bay. You sir, are an evil, demented lunatic.

      I like that.

    2. Re:Terry Gilliam does the Hobbit? by demana · · Score: 1

      And I thought I was twisted for suggesting Michael Bay. You sir, are an evil, demented lunatic.

      I like that. Eh? You suggested Terry Gilliam yourself. "Or that guy who did Time Bandits."
    3. Re:Terry Gilliam does the Hobbit? by Wellspring · · Score: 1

      I know, I meant that he actually visualized how that would be.

    4. Re:Terry Gilliam does the Hobbit? by tjwhaynes · · Score: 1

      And I thought I was twisted for suggesting Michael Bay. You sir, are an evil, demented lunatic.

      I like that.

      I think that's the nicest thing anyone has ever said to me on Slashdot ... /me wipes away a tear :-)

      Cheers,
      Toby Haynes

      --
      Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
    5. Re:Terry Gilliam does the Hobbit? by oblivionboy · · Score: 1

      An alternative to this might start:

      "It was somewhere just past Rivendale when the drugs began to take hold..."

  84. Where's the SEC? by wiredlogic · · Score: 1

    All of the major studios are publicly traded companies. You would think that the SEC would see to it that the shareholders aren't cheated by enforcing reasonable accounting practices. Especially so in the wake of Sarbanes-Oxley.

    --
    I am becoming gerund, destroyer of verbs.
    1. Re:Where's the SEC? by Anonymous Coward · · Score: 0

      All of the major studios are publicly traded companies. You would think that the SEC would see to it that the shareholders aren't cheated by enforcing reasonable accounting practices. Especially so in the wake of Sarbanes-Oxley.

      You are confusing reasonable accounting practices with good business. If New Line persuades Tolkein's estate to sell rights for $10, that has nothing to do with accounting.

      Accounting sets the definitions & rules for profit, expenses, loss, revenue, etc. I am sure that New Line has fully complied with Generally Accepted Accounting Principles (GAAP), which is what the SEC requires.

      So-called "Hollywood accounting" is the practice of defining to the legal maximum your expenses, while minimizing your revenue, so that your profit is close to zero. So, all the suckers who agreed to get a share of profits get next to nothing. Of course, lots of people know this, so anyone familiar with the entertainment business won't sign a deal for a percentage of net profits.

      The Tolkien people knew this, so they signed a deal for a percentage of gross revenue, which New Line apparently hasn't paid.

      Incidentally, the rules the IRS uses for accounting are not exactly the same as what the SEC uses.

    2. Re:Where's the SEC? by MLease · · Score: 1

      So-called "Hollywood accounting" is the practice of defining to the legal maximum your expenses, while minimizing your revenue, so that your profit is close to zero. So, all the suckers who agreed to get a share of profits get next to nothing. Of course, lots of people know this, so anyone familiar with the entertainment business won't sign a deal for a percentage of net profits.


      True, but according to the summary (and the article), the Trust was supposed to get 7.5% of gross receipts, which isn't subject to "Hollywood accounting". The trustees were apparently savvy enough to avoid the "net profits" trap, but still got screwed. It does amaze me that the studios have been able to get away with "Hollywood accounting" for so long, though; seems to me that it's simply another name for fraud.

      -Mike
      --
      I'm sorry; I don't know what I was thinking!
    3. Re:Where's the SEC? by Anonymous Coward · · Score: 0

      True, but according to the summary (and the article), the Trust was supposed to get 7.5% of gross receipts, which isn't subject to "Hollywood accounting".

      Ummm, did you notice in my comment I said that too? :)

      The trustees were apparently savvy enough to avoid the "net profits" trap, but still got screwed.

      Yes, but that's more of a regular contract issue which happens all the time: failure to pay. Company A promised to pay a certain amount, and doesn't pay. Your only real recourse is to sue.

      It does amaze me that the studios have been able to get away with "Hollywood accounting" for so long, though; seems to me that it's simply another name for fraud.

      Fraud? Failure to pay isn't fraud.

      Regardless, the point of "Hollywood accounting" is that it isn't fraud. If it was, the studios would have been convicted long ago.

  85. They have nothing to learn... by Anonymous Coward · · Score: 0

    They are talking about GROSS receipts, not net income - assuming that the contract calls for a percent of gross receipts, then this has nothing to do with so-called "hollywood accounting", as they would be collecting money from the sales, i.e. the top line.

    1. Re:They have nothing to learn... by TigerNut · · Score: 1

      The way the studios reduce the top line is to sign away the rights for the movie (its redistribution on DVD, toy tie-ins, etc) to one of its subsidiaries or other organizations under its corporate umbrella, as soon as possible (i.e. as soon as the first run in theaters is over). Therefore, even though the total take from LOTR might have been on the order of $6B, the corporate entity that is the studio might not have seen more than half that, and therefore the amount they are obliged to pay out as a percentage of the studio's gross receipts is limited.

      --

      Less is more.

  86. Re:Wow! by Anonymous Coward · · Score: 0

    Can slashdot admins publish the parent's poster email address on the front page, please!!!

  87. Mod Parent *AND* Grandparent by sconeu · · Score: 1

    Both parent and grandparent need to be modded +1 funny, please.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  88. Nice writeup by Quato · · Score: 0

    'Peter Jackson had recently signed up to make after his own legal row with the studio over payment for the sequels'

    Recent? This article is from June of 2005, a little shy of three years ago. Hell, I think the lawsuit was covered on slashdot as well.

    You's kids get off my lawn!

  89. Re:Wow! by Phoenix666 · · Score: 1

    This is OT and all that, but I heartily agree. Slashdot is a news aggregator too, of course, but it's the reader comments I come back for. No one can be an expert on everything, but on Slashdot there are experts for everything.

    If there's another article on the RIAA, for example, there will be at least one insightful post from NewYorkCountryLawyer, who is an actual lawyer fighting the RIAA's lawsuits. You don't get that kind of quality, inside perspective from Digg.

    Digg's posters remind one rather strongly of the early days of BBS'es, when childish comments and flame wars that lasted a generation swept from one side to the other.

    Let Slashdot remain Slashdot, and let the kiddies and trolls stay on Digg.

    --
    Do what you can, with what you have, where you are.
  90. 65 million, not 6.5 by Anonymous Coward · · Score: 0

    big monies

  91. Perhaps Sarbonnes-Oxley law? by MickLinux · · Score: 1

    It occurs to me that you might just be able to make the Sarbanes-Oxley law apply here.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  92. Not exactly by deft · · Score: 1

    This is the same story for every movie, they just change the titles and main characters a little.

    Alot like hollywood these days.

    --

    There's nothing Intelligent about Intelligent Design.
  93. the film industry by TheRealZeus · · Score: 0

    is producing films with budgets beyond OUR means

  94. Re:"'The Lord of teh Rings' trilogy". Jesus christ by KlomDark · · Score: 1

    What word is "capitialized"?

  95. MOD PARENT UP -- "love" is a verb, after all by zooblethorpe · · Score: 5, Interesting

    Some of us believe the love is an action, not an emotion. As such, we don't necessarily believe such things are impossible to achieve.

    Very well put. One thing that struck me after studying German for a while is that, much like "sit" and "set" or "lie" and "lay" are intransitive/transitive verb pairs differentiated by the central vowel ("sitzen" and "setzen" / "liegen" and "legen" in the German), so too are "live" and "love" ("leben" and "lieben") -- "love" is the transitive form of "live". So in that sense, loving someone is helping them live well, helping them grow and be healthy. Romance doesn't *have* to enter into this picture, which is why you can just as well love your siblings even despite a very rocky growing up. Which is also why I know that I'm loving my wife the most not when I'm feeling all lovey-dovey, but when she's annoying the crap out of me or I'm pissed as hell at her, but *still* try my damnedest to make things work.

    Love is work. Marriage is work. And the truer measure of how much you love your partner/spouse doesn't happen during the easy times -- it's how you behave and how you work at it during the rough times, even if you happen to hate each other's guts right at that moment. *That's* when you fulfill whatever promises or vows you've made.

    Cheers,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
    1. Re:MOD PARENT UP -- "love" is a verb, after all by Samrobb · · Score: 2, Funny

      Sigh. I had mod points yesterday, but none today - otherwise you'd be getting them right now, sir.

      Of course, I'd have to give you a "+1 - Ironic" for managing to turn a discussion of Hollywood accounting around to a discussion of why love is an action, not an emotion...

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
    2. Re:MOD PARENT UP -- "love" is a verb, after all by zooblethorpe · · Score: 1

      Of course, I'd have to give you a "+1 - Ironic" for managing to turn a discussion of Hollywood accounting around to a discussion of why love is an action, not an emotion...

      You make me laugh! :-D

      But in all seriousness, that irony belongs to the poster I was replying to -- they're the one that managed that particular turnabout.

      Cheers,

      --
      "What in the name of Fats Waller is that?"
      "A four-foot prune."
    3. Re:MOD PARENT UP -- "love" is a verb, after all by ArhcAngel · · Score: 1

      I'm sorry, I thought I was reading /. I must have hit the wrong link because for these comments to be on /. someone on /. would actually have to be married and we all know that would never happen.

      But seriously, I wish more people ascribed to this way of thinking.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  96. I want my 2 dollars! by Teflon_Jeff · · Score: 1

    Sounds like they have a bad hobbit of not paying their bills.

    In business, never leave your partners with the short end of the stick.

    --
    "Teach a man to build a fire, and he's warm for a day. Set a man on fire and he's warm for the rest of his life."
  97. A two-yeay-old painting over the Mona Lisa by Anonymous Coward · · Score: 1, Funny

    10 years of his life justifies a lot of money. Co-writing that screenplay does not. The screenplay was so bloody terrible compared to the original, it was like watching a two-year-old paint over the Mona Lisa. With a crayon.

    1. Re:A two-yeay-old painting over the Mona Lisa by Stooshie · · Score: 1

      Are we talking about the same film? The screenplay was as close as a film could get to the book. Tolkein was not a "professional" writer. He was an intellectual, a professor of language history, not a novelist. We forgive him writing fooibles that we would not forgive other authors for, because the characters, the plot and the landscape are so well crafted.

      For example, the whole second book is split into the three journeys. No jumping between them. That just wouldn't have worked in a film so they jump between the three. In fact the original publishers wanted him to change it. Watch the extras, it explains in more detail.

      --
      America, Home of the Brave. ... .and the Squaw.
  98. Off Topic by BillBrasky · · Score: 3, Funny

    /silly
    So, I have this idea for a great movie. It's about two gnomes who find a bracelet of power, and they have to take it to the Burning Steppes and cast it into the Cauldron. They form the Brotherhood of the Bracelet. Along the way they're trailed by a murloc named Gottom, who's obsessed with the bracelet, and nine bracelet bogeymen. It could be a three-parter, called 'Ruler of the Bracelet'. The first part would be called 'The Brotherhood of the Bracelet', followed by 'A Couple of Towers', with the climactic ending called 'Hey, the King's Back!'

    1. Re:Off Topic by neminem · · Score: 1

      Sounds like some pretty epic machinima! I suggest, in all seriousness, that you should make this - it'll see millions of youtube hits if it's any good. I know I'd grab a copy.

  99. Re:Wow! by Farmer+Tim · · Score: 1

    Your post is a perfect example of what I detest about Digg: the users, who appear to be a bunch of petty, spiteful little shits who can't accept a difference in opinion.

    If Slashdot is so horrible, why waste your time here? Is the biggest thrill of your day, your wittiest retort to copy/paste an email address that's obviously a spam-trap anyway? Is your life so devoid of emotional security, meaning and purpose that defending a site that you don't own or operate while attempting to screw over someone on a site they don't own or operate makes you feel like you've achieved something?

    What a sad, pathetic excuse for a human being you must be.

    --
    Blank until /. makes another boneheaded UI decision.
  100. Indie films by buck19 · · Score: 1

    Keep in mind many of these so-called indie film companies are wholly or significantly owned by the giant Hollywood studios. They are "independent" or indie in artificially generated image only.

  101. The Hibbot by Anonymous Coward · · Score: 0

    The Hibbot: sounds like an excellent idea for a Simpsons Treehouse of Horror episode.

  102. Thanks... damn damn damn by poena.dare · · Score: 1

    Damn QUOTE A DAY calendar!!!

  103. Less than 1/10th of 1% of what they are owed. by mwarps · · Score: 1

    2.9 Billions dollars worldwide gross.

    The studio owes the Tolkien Trust 218 Million dollars per the contract.

    Lawyers should be signing on EN MASSE to get some of that shit, and I hope they win. New Line is a bunch of fucking thieves from what I'm seeing.

  104. May kill "Hobbit." by blue+l0g1c · · Score: 1

    Mr. Baggins was unreachable for comment.

  105. Not the droid you're looking for by bill_mcgonigle · · Score: 1

    Yes, I know copyright usually expires 50/70 years after the author's death, but these laws really need updating

    Umm, those *are* the updates. We (in the US) used to have 14 year terms for Copyright.

    They don't fix these things in the right direction. Maybe when some Restorationists get elected....

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  106. Re:Fantasy, as a genre, is pure shit anyway by GaryPatterson · · Score: 1

    Well, when you put your case in such a clear and detailed way, how could anyone disagree?

  107. Shouldn't it be called fraud? by Snaller · · Score: 1

    Or does any thing go in the Banana republic of America?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Shouldn't it be called fraud? by jmv · · Score: 1

      No, it's only called fraud when you or me do something like that. In this case, it's called creative accounting or Hollywood accounting. The problem is not only that the laws (mainly lobbied by corporations) are so damn complicated, but these companies typically have so much more accountants/lawyers than the various governments that is pretty much impossible to actually prove anything in a court.

    2. Re:Shouldn't it be called fraud? by Snaller · · Score: 1

      It's a pity the world is in such a state.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  108. How can I see the extras? by Snaller · · Score: 1

    I mean if I buy the DVDs I'll give money to THEM!

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  109. Re:Wow! by Alaska+Jack · · Score: 1

    Yeah, I can think of a way to improve Digg about 200 percent that would probably take about 2 hours of programming time. I want to be able to simply tell Digg that I want it to filter from my front page any stories from rawstory, thinkprogress, alternet, truthout, etc.

    I just don't get it. It's a simple change. Why can't I tell Digg what kinds of stories I'm not interested in?

        - Alaska Jack

  110. Re:Wow! by mattsucks · · Score: 2, Funny
    Teh Hobbit


    Golollum: I Haz Teh Precious

    Bilolbo: Lost Hobbit is Lost.

    Gollum: I Can Has Bilburger?

    Bilolbo: I'm In Ur Caves, Tellin' Ur Riddels

    Golollum: WANT!

    Bilolbo: A Ringz, I Findz It.

    Golollum: Nooooes! They Be Stealing Mah Precious!!!

    Bilolbo: Invisible Me.

    Golollum: Mah Precious, I Mourns It.



    Tagged: lolkien, lolbbit, golollum

  111. Re:Wow! by makomk · · Score: 1

    Of course, the other problem with Digg is the opposite - anyone who can muster a sufficient number of users can make a story disappear, even if it's newsworthy and far more users think it should be posted. (This has, apparently, happened with more or less all of the Scientology-related articles).

  112. Copyright is WAY too long by KingKaneOfNod · · Score: 1

    I mean The Hobbit was originally published in 1937, why is there even any question about royalties? The book is over 70 years old, it should be public domain already!

  113. I smell fraud by soccer_Dude88888 · · Score: 0

    If I remember correctly, the gross revenue worldwide exceeds $6 billion U.S. Dollars, not Yens or Pesos. 7.5% of that is $450 million. They are paying approximately 0.01% of the correct amount. Something needs to be audited.

  114. IP? What IP? Is there any IP? by Serindipidude · · Score: 1

    A movie studio not respecting the owners of Intellectual Property it licensed? How outrageous! Well that's hypocrasy for you.... Now back to my torrents...

  115. Re:"'The Lord of teh Rings' trilogy". Jesus christ by goose-incarnated · · Score: 1

    You know what, I'm not even going to bother. What kind of retard submitted this?

    "I dunno - how many kinds of idiots are there"
    - (Ogre from an episode of Gummi Bears)

    --
    I'm a minority race. Save your vitriol for white people.
  116. Re:Wow! by somersault · · Score: 1

    I'm in ur visible, stealin your sight

    --
    which is totally what she said
  117. "Agreed-upon"? by Anonymous Coward · · Score: 0

    IANAL, but "agreed-upon" just doesn't cut the mustard when it comes to legal obligation. If there's a contract, fine; New Line et al would be in breach and the case would be simple. If there is no contract, Tolkien Trust and friends should realize it's over, they fucked it up, go home.

  118. Can't fell bad for either party by geekoid · · Score: 1

    The Tolkien estate milking a cash cow that should have gone into public domain years ago. In fact it WAS out of copyright for a while, but that didn't stop the estate from lying, belittling, and threatening to sue people.

    So screw em and their un-creative asses.

    Bunch of whiners.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Can't fell bad for either party by MightyMartian · · Score: 1

      When did it ever go out of copyright? The Second Edition in 1966 reset the clock.

      I suspect you may be referring to the infamous Ace Books case, but that happened while Tolkien was still alive, and was ultimately found in Tolkien's favor.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  119. Where are the potential millions? by Anonymous Coward · · Score: 0

    Because the millions are either available because of copyrights giving monopoly control or the millions are now available for ALL possible entrants. And so they will ALL be sharing the millions.

    Meaning no millions.

    And if there are no competitors, how about NOT killing the author, giving them a cut of 10% of those millions and STAYING OUT OF JAIL?

    1. Re:Where are the potential millions? by ivan256 · · Score: 1

      The argument is clearly lost on you, as you don't seem to understand how a creative work can be valuable without a government granted virtual monopoly. I don't know how to respond to you until you understand that. If you need help I suggest you look into the large number of highly profitable movies based on scripts long out of copyright. Various works by Shakespeare come to mind, but there are plenty of others.

  120. Except they didn't by geekoid · · Score: 1

    They held to their end of the contract.
    PJ didn't like what they did so he sued, and frankly shouldn't have won.

    Here is a clue: when you dign a movie contract be sure to get a gross from the movie, it's tie ins, and its SUBSIDIARY tie ins.

    Sure, they were scummy, but the did meet their end of the signed contract.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect