Judge Rules Fox Has Copyright Claim To Watchmen
fermion writes "According to the NYT, a judge has decided that Fox owns the copyright to Watchmen, not Warner. Is this an example of copyright law becoming so complex that companies can abuse the court system to prevent competition, or just extreme incompetence by Warner? In the current business environment, either explanation is believable. Yet it is unbelievable that seasoned producers would spend hundreds of millions of dollars to create a movie that they can't even release. It seems the judge didn't want to bring this to a jury, and maybe daring Warner to appeal, or Fox to settle." The article says that Fox acquired movie rights to the Watchmen story in the late 1980s, but budget disputes and personnel changes have muddied the waters; Wikipedia has a bit more on the "development hell" which has plagued the film project.
Too bad there are no directors still living that are capable of capturing what actually makes this work a masterpiece. I look forward to not even watching this movie.
I guess we have the answer to the question "who watches the Watchmen?"
Nobody.
You catch enchiladas by picking them up behind the head and holding them underwater until they don't kick anymore -VeGas
"Justice is coming to all of us no matter what we do."
Serves them all right.
Sig this!
... another film that ignores the meaning of the source work in favour of appeasing popcorn fifteen year olds.
Alan Moore goes about it the wrong way, but he's right. Hollywood needs to start coming up with its own ideas again.
OR Just leak it to BitTorrent already!
everyone wins!
The judge seems to have ruled quickly (the trial was going to be next month) so that Fox and WBros can make a settlement and get the damn thing out on time. Not that it's worth it without the squid ending...
Look, if they don't release it on 3-6-9 the magic won't work, and I'll be damned if I pay $8 to go see it on 7-3-9!
-- thinkyhead software and media
I can easily imagine such an issue forming around something more important, such as a medicine or piece of life saving technology.
"Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
Hopefully this will allow the hollywood shitwigs to understand that copyright is not something for them to use at their leisure. It is a seriously flawed set of statutes that hurt everyone. I'm so glad they've finally been bitten by their own beast. Now maybe they will stop pouring so many dollars into making more draconian copyright laws that take rights away.
They're using their grammar skills there.
The original comic had a lot of political content - without committing any real spoilers for the few who read this without actually having read the comic, the most central plotline of the whole miniseries involves using the 'big lie' technique to manipulate the masses. There are some '9/11' parallels to this. There's also some more tangential stuff. Sticking with just what's revealed early in the series and trying to avoid spoilers, Nixon stays in power for his second term because the approximate Superman equivalent hero intervenes in Vietnam, a somewhat Captain America like hero, complete with a patriotic red, white and blue costume, is increasingly revealed as a real bastard, and the prior generation of heroes includes at least one that sounds like he got his costume idea straight from a KKK meeting.
I'd gladly go into paranoid mode here and propose that this film's legal troubles might be from some people wanting to suppress the political criticism, but some of the rumors about what's still in and what's out make me wonder, is there actually anything left in it that involves even the tiniest bit of politically sensitive content? By some accounts, the only way the movie could make any comments the current administration might dislike would be by encouraging a few people to buy the graphic novel.
Who is John Cabal?
Warner still can release the movie via The Pirate Bay.
When the hype started for this movie, I downloaded all of the comics and read them in two sittings. That's how good it is. Unlike many, I was reserving judgement until I had actually seen the movie.
Our nation's economic woes are due to our immersion in fantasy...... Who CARES who owns yet another set of fantasy figures? BTW - reading the article, the judge says that Fox has a copyright INTEREST in the movie. He doesn't say that Fox outright OWNS it, just that they have a legitimate interest.
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
I downloaded all of the comics
And that's why your opinion is irrelevant. Please purchase a trade paperback version, support the creators of the original content, then try again.
Sorry to be harsh. I did the same thing. But after reading the electronic versions, I understood what all the fuss was about and went and got a paperback version so I could enjoy the writing and admire the artwork without sitting in front of a computer, and also so Moore and Gibbons received whatever royalties they still get from the sales of their original work. They deserve it.
I imagine someone will release this movie, eventually. Warner will pay off Fox, or hold their nose and come up with some kind of royalties deal. But the funny thing is, after reading the graphic novel three times now, I don't really care if I see the movie or not. I know it will look cool, and the story might even be OK crammed into two-and-a-half hours, but the graphic novel will always be superior because it was never about plot.
SPOILERS FOLLOW!!!!!!
The ridiculous ending makes that clear. Even the characters can't believe it actually happens. The book, at its core, is about different kinds of characters and how they cope with the ugly world around them. The character development which happens in the book will never translate well to movie format.
So, sorry to flame you, but please, if you haven't already, go buy a copy of Watchmen and support the original creators. Otherwise it's like not voting and then complaining about the government. You know, like half of North America does.
It's Miracleman all over again. Well at least we know how THIS story ends.
Cwm, fjord-bank glyphs vext quiz
I remember reading about this dispute several months ago and that there'd been an injunction issued regarding a release until it was resolved. Then just last week when I was at the movies I saw a trailer for Watchmen and it included a release date, I more or less took that to mean that this had been resolved. While I never read the graphic novels the trailer looks very interesting and I hope that this can be worked out so that the movie can be released on schedule.
I really have to wonder if Fox has a good faith belief that they actually have the legitimate copyright or if they're using litigation for a payday ala Sco.
The notion that Fox owns the copyright to Watchmen is utterly absurd (and presumably just incompetent reporting). The comics series was produced by Moore and Gibbons under contract with DC Comics, a subsidiary of Time Warner, and (rightly or wrongly) that company owns the copyright. Fox might hold an exclusive license to the movie rights to the material, but that's a very different question.
http://alternatives.rzero.com/
Anybody got a link to the actual judges ruling? I mean, it's nice to get a press release, but much better to get the actual ruling. There's nothing to show the actual merits to which the judge is opining on.
What those who want activist courts fear is rule by the people.
As Quint pointed out on Ain't It Cool News, Fox waited till Warner Brother's practically had the film released before they bothered to excercise their copyright on the film, suggesting it might be an attempt to scoop up the cash on a blockbuster they wouldn't have to pay for.
Full article here: http://www.aintitcool.com/node/39578
This sig is false.
Yeah. Anal types. Like those smug know-it-alls who read the books. They've got a lot of nerve. Don't they? Besides, books are no fun anyways. All those annoying words everywhere.
Now if you'll excuse me, I'm going to go watch Dune. Geez but I *love* that movie. Going to follow that up with Starship Troopers.
I just love movie night. Pass the popcorn!
Weaselmancer
rediculous.
Fox might hold an exclusive license to the movie rights to the material, but that's a very different question.
If you actually bothered to RTFA carefully, you'd see that they have been ruled to have a copyright interest.
Since you're clearly ignorant on the matter and think "copyright interest" means "copyright" or "exclusive movie rights", try educating yourself instead.
I know it comes as a shock to all you fifteen year olds, but IP law is simpler than "Cory Doctorow says I can give my stuff away and copyright is bad!"
Please help metamoderate.
A great storyline will not be able to support sub-par special effects, and vice versa.
Meh. You know, the original story in the comic kicked ass (and is wildly anti-religious). Too bad those fuckers changed the storyline of the movie in order no to insult the american viewers too much (an angel forcing an abortion on a woman, angels discussing whether or not they should just have sticked to dinosaurs, a battle angel slaughtering an entire greyhound bus)... I want to see a remake of that movie, but with the original storyline :-)
ok, i'm just a bit disappointed after watching the movie last week :-(
In other, recent news, SCO, squeaked "We own Linux. The judges were wrong, so we'll appeal".
Funny. I thought judges were right. Probably they are right in this Watchmen case, too.
No.. seriously.. Fuck off.
One's opinion is irrelevant since one has not payed for something? Then there is a shitload of stuff out there about which our opinions don't count.
From online comics to pop music on the radio to motherfuckin Bible and Qur'an. Free stuff all... But you can't have an opinion on it.
Unless you buy the printed/recorded version of it.
Or is the idea that one's opinion is irrelevant unless you pay the author of the work?
Well fuck... guess we should just stop talking about Shakespeare, Mark Twain, Byron, Da Vinci, Van Gogh and every single dead artist and their work cause as much as we try it ain't likely that they will ever see a dime from us.
And since I too have read Watchmen first in scanned form, only later getting my own printed copy, I guess that makes our opinions about on the same level.
BUT... Since I bought the more expensive Absolute Edition AAAAND a regular paperback edition for a friend of mine - my opinion counts more.
Now... had there not been that scanned version, I probably would never have heard about it until this summer.
And even then - I'd probably just watch the movie. Downloaded, naturally, since my town still lacks the cinema.
And it would remain at that.
Moore and Gibbons wouldn't get a dime.
Scanned comics and free online versions of comics (see Warren Ellis' and Paul Duffield's FreakAngels) are a great way for an audience other than the members of hardcore comic book geek society who practically live inside the comic book shops - to get introduced to the story.
Same goes for the fansubs of various anime series.
Get the stuff to the people. If they like it - they will buy it.
If it is good - they might buy it (eventually) even if they don't like it.
Let me end the rant with another Moore's work that illustrates this last point.
The League of Extraordinary Gentlemen: The Black Dossier.
I liked the first two volumes of "The League". In fact I found them to be great.
And I loved the start of the "Black Dossier", with it's 1984 references and all (actually it is done practically as a sequel to 1984)...
But the more you read, the more you see that there is no real story. Only obscure cultural reference, upon reference, upon reference...
The main characters just go from location A, to location B, to C with any real plot actually being in the stories in the dossier.
Its great work - but in the end you realize that nothing really happened. Moore practically tells you - "Forget it kid, its only a comic.".
And I could bet that he is laughing his ass off for making people wear those silly 3D glasses that come with the book.
Now don't get me wrong.
I love the obscure cultural references and seeing artists just letting loose their creative vibe - but in the end, I liked the original League stories more. Much more.
Did I like it? Sorta... In the beginning... less later.
Was it good? Undoubtedly.
Will I get it in printed form? Yes.
Would I ever have read it or the first two volumes after that terrible movie, had they not been around for free? Highly unlikely.
Mit der Dummheit kämpfen Götter selbst vergebens
Looks to me like Mr. Gordon has some explaining to do.
As forpeople who think "Fox waited till Warner Brother's practically had the film released before they bothered to excercise their copyright on the film", you and your ilk don't know the whole story. Fox could have sent them a nice little note saying they already had the rights, maybe even offered to sell the rights, and Warner just ignored them. Remember, sometimes the best way to punish someone is to let them hang themselves.
There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
... and show the film as an audio/visual aid to film students. Of course, that was because Gilliam didn't like his film being cut to ribbons, and not due to legal entanglements with another studio.
"He may look like an idiot, and talk like an idiot, but don't let that fool you. He really is an idiot." - Duck Soup
Its got controversey, its topical but its allmost classical Greek in its story. It allso has a serial killer, lawyers, violence and gore best of all the oringal story is pd - so no pesky authors fees.
Ladies and Gentlemen I give you 'Hollywood Copyright Layers - hoisted by their own petard!'
Is the public loses, all because of sour-grapes corporate greed.
At an earlier hearing, the judge said he believed that issues in the case could be settled only at a trial, which was scheduled for late January. On Wednesday, however, Judge Feess said he had reconsidered and concluded that Fox should prevail on crucial issues.
Let me paraphrase this. "Fox met my price."
I agree that Warner must have really flubbed it to get so far into the process without a clear copyright. I wouldn't be surprised if people were fired over this.
That said, I don't think it's a coincidence that Fox waited until the film was ready to release before pressing their claim, else Warner would simply have dumped the project and Fox would have a copyright on nothing.
I expect Warner to appeal, but if they run out of options, it would server Fox right if Warner dumped the completed film on The Pirate Bay rather than hand Fox profits they hadn't earned.
On the topic of the faithfulness of the adaptation, I own the original comic books (carefully preserved in archive-grade sleeves) and the first printing of the graphic novel, and participated in the original discussions in net.comics as the issues were coming out. That said, I don't care a rat's behind whether every single image and line of dialog are on the screen.
I think the people who are translating the novel's "every picture is worth 1000 words" to the equivalent number of novel pages and then back to screen time should go outside right now and breathe the fresh air. Get away from the computer screen for awhile and your acne may even clear up. Geeze, I'm reminded of all the angst over the Lord of the Rings films before they came out, how the elves should only be done in CGI because human actors could not be pretty enough, how the books couldn't possibly be filmed in less than a 22 hour miniseries, and raging that Gandalf bumped his head in Bilbo's home because THAT SCENE WASN'T IN THE BOOK!. Ohfercrissake.
That said, I *am* glad they kept Watchmen in 1985 rather than try to translate the plot to 2008. The issues are different and the plot doesn't work in our time. Which is the reason I rushed right out and didn't see the latest Keanu Reeves CGI extravaganza.
Personally, I'm glad Ozymandias lost the miniskirt and the owl's costume was updated. I'd be perfectly happy if they soft-pedaled certain canine-dismemberment scenes, but will grit my teeth and get through it if they don't. (I agree the scenes with Rorschach taking the rorschach test were key, albeit the least-enjoyable part of the novel.) I don't expect the left-right symmetry of issue #6 to be somehow faithfully reproduced on the screen. You just can't do that stuff in film. These minor points should be more than compensated by, you know, having real actors actually speaking and moving about.
The visuals look great, but visuals alone don't make a movie. (Example: The first Harry Potter film, which was no more than a moving illustration to a mediocre book, with no life of it's own. The subsequent films were better.) I am a little worried about the pressure to produce a "theater-length" edit, as this tends to leave in the expensive special effects and cut out the, you know, plot. (And I'm a little annoyed that they refer to the group in the film as "The Watchmen".) But what I've seen so far is interesting enough that I'll see it if it ever comes out. This doesn't mean I subscribe to "You can't complain about it until you see it". You certainly can. You can enumerate in fine detail what advance information has caused you to decide not to pay good money to see a piece of excrement. But for God's sake, let's keep some perspective.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
Judge Rules Fox Has Copyright Claim To Watchmen
Public Rules That The Pirate Bay Pwns Fox Anyway . . . and Warner, too!!
That company is Walt Disney.
Now, if you really wanted to see Watchmen remade as a harmless Disney animated family movie musical (for Easter school-holiday release) in which the Comedian is an amusing accident-prone lunk with an oversized chin whose defining feature is that he tells jokes, the Silk Spectre is a princess with magical powers, and Rorscach is a fifteenyearold kid with a squeaky voice (voiced by a female voice artist) who wears lifts to pretend to be a grown-up, so that he can hang out with the brave superheroes and win the princess's heart ... then that's up to you. Not only would the Disney version have gotten made (on time and on budget), but you'd now be able to get the Silk Spectre dolls and squeaky Rorschach toys in your local MacDonalds, free with Happy Heals.
Just be prepared for the new ending in which the Baddie realises the error of his ways, says sorry, doesn't press the button, gives his pet to Spectre as a present, and we then flash-forward to her marrying Rorschach, and after the screen fills with flowers when the bouquet is thrown, everyone links arms and sings one last Happy And Inspiring Song.
I tell you, it'd make money. Seriously. Disney have "cutesifying" dark stories down to an art, and most tenyearolds won't have read the graphic novel anyway.
Eric Baird
One important word is "quitclaimed". This means that Fox agreed to transfer any such rights as it owned to the film project in certain defined areas (production, not distribution), provided that certain conditions were met.
In other words, the agreement (that Fox say the producers ignored) was for Fox to transfer any claim that they had to certain production rights. The agreement didn't guarantee to the producers that Fox was actually the undisputed sole rightsholder for the film project, or that by paying Fox the money, they'd be guaranteed to have the undisputed rights to make the film.
So the wise thing for the producers to do, having agreed terms with Fox for any nominal rights transfer, would have been for them to go to the other potential rightsholders (such as Warner) to make sure that there weren't any nasty surprises lurking in the wings, and to make sure that Fox really had something to sell. If they'd then gone to Warners, and Warners had advised them that actually it was arguably WB who owned the rights, and that they should just deal with WB and ignore Fox's rights claim, and not tell Fox what they were doing (and that WB's lawyers would deal with any fallout), then that might explain how we got here.
Although nobody seems to be disputing that Fox bought the film production rights, these contracts are often designed with some sort of expiry or inactivity clause, so that if a production company buys the rights and never makes the movie, the rightsholder can claw the rights back if certain milestones haven't been passed within a certain agreed timeperiod.
We know that the Watchmen movie project was in production hell for years, so it may be that Fox's exclusive rights came with certain "required progress" conditions that Fox reckon that they met, but which Warners figure they didn't.
--
DISCLAIMER: I am not a lawyer (IANL). But you already know this. If I WAS a lawyer, I'd be a damned good lawyer, and I'd be filthy rich with a great house and a flashy car, and a wonderful girlfriend, and I'd have far better things to do with my Friday night than posting on SlashDot. This is obviously not the case.
Eric Baird
Fox Blocks Release of Watchmen
Net Benefit To Them : Zero Dollars
Fox Settles For A Quarter of Box Office and DVD Sales
Net Benefit To Them : 100 Million Dollars
Yeah, I bet Fox is TOTALLY going to keep Watchmen From Being Released!
I AM a hop-headed drug-addled dope fiend, you insensitive clod!
I know tobacco is bad for you, so I smoke weed with crack.
I'm sure there are lots of other ways to make movies without copyright protection (another poster mentions consignment), but product placement seems the most obvious to me.
I'm not arguing that copyright should be done away with, although I agree with the people pointing out that it will be insupportable within a decade or two anyway. I do think a 5 or 15 year copyright would be MUCH more beneficial to society (which is supposed to be the point, at least in the US) than our current 120 year copyright.
Of course, my opinion on what copyright should be like is irrelevant - your argument was that moviemaking is insupportable without it, which is just not true.
If only we could devise a plot to bring the studios together, in "one accord" against a common foe. Perhaps we could release our own version of the film to "half of new york" and convince the studios that there is another even more powerful and greedy studio out there willing to act if they don't work together ;)