|
Post by maniacs on Apr 1, 2005 22:23:50 GMT
Wells died in 1946 so any copywrites to his work would expire wether those rights had been sold or not, in 1997.
Previous attempts to make a new WOTW have been made previously but hit a snag before actual production. The problem was that European laws changed the copyright period after the authors death from 50 years to 75 years. JW did own the copyright, yearly purchased I think, at least to the year 2000 and has exasperated these attempts.
He owned the rights to the book and any retelling of the story had to be permitted by him and he wanted it to be a musical.
In America and elsewhere WOTW is now in the public domain and adaptation of a new version and it's distribution is not a problem.
The question is, who now owns the rights to WOTW in Europe. If the Wells society now owned them, refused to resell the copyright that would be the best news since I see them giving written permission, even at a price, to more than one party.
If paramount did own it, I could never see this true, since JW version will ROCK SS big time - no contest, and I do see them stoping him. No doubt PP has had to ask someone for permision.
As for JW I doubt he has the rights anymore since a sudden change of heart is unlikely after sticking to his guns for so long.
I would have thought Charles could have cleared this up long ago.
So WHO owns the rights? Someone please tell us.
Since all three have embarked on a production we cam assume some kind cooperation has gone on since each one has merits and attractions unique to each -
1 faithful adaptation
1great directer
1 superb music
|
|
|
Post by Lensman on Apr 1, 2005 23:53:39 GMT
So WHO owns the rights? Someone please tell us. Considering someone at Pendragon is quoted as saying they were not allowed to talk about the legal issues, I seriously doubt anyone in the know is going to tell us. We'll just have to wait and see where the film and/or DVD is distributed.
|
|
|
Post by EvilNerfherder on Apr 2, 2005 0:06:52 GMT
Charles himself posted this on the whole WotW rights issue some time back... ''Copyright around Wells is confusing - though it really shouldn't be, and I've found many of those directly involved don't do a very good job of articulating what's happening for the rest of us. I don't think Jeff Wayne owns rights to the movie; those still seem to belong to Paramount. Wayne was permitted limited dramatic privileges. The Wells family sued Paramount for the motion picture rights recently - and lost. Seems to me the motion picture rights were clearly granted to Paramount in 1951. The specific argument of the case revolved around television rights, but the language seems to make clear that it covers any and all motion pictures. See what the following says to you... 64.233.167.104/search?q=cache:_3naXlUpJk4J:www.nycourts.gov/comdiv/Law%2520Report%2520Files/May%25202002/Hallmarkdec040202.wpd+hallmark+paramount+war+of+the+worlds&hl=enSUPREME COURT : NEW YORK COUNTY IAS : PART 27 -----------------------------------------x INDEX NO. 605200-00 HALLMARK ENTERTAINMENT PRODUCTIONS, LLC, THE ESTATE OF FRANK RICHARD WELLS, TRUSTEES FOR ROBIN JANE WELLS, and MARTIN JOHN WELLS, Plaintiff, P. C. No. 16620 - against - PARAMOUNT PICTURES CORPORATION, Defendant. -------------------------------------x GAMMERMAN, J.: This dispute relates to the exclusive ownership of worldwide television rights to Herbert G. Wells’s science fiction novel entitled The War of the Worlds (the "Novel"). Defendant Paramount Pictures Corp. ("Paramount") moves, pursuant to CPLR 3212(b), for summary judgment declaring that it has full television rights to the Novel. Plaintiffs cross-move, pursuant to CPLR 3212(b), for summary judgment declaring that Hallmark Entertainment Productions LLC ("Hallmark") has the right to produce a miniseries based on the Novel. In 1946, H.G. Wells died, leaving all rights, title and interest in the Novel copyrights to Frank Richard Wells, his son ("F. Wells"). On June 18, 1951, F. Wells entered into a contract ("1951 Contract") with Paramount, assigning certain rights to the Novel to Paramount, along with a right of first refusal to match any third-party offer for additional rights not assigned. In 1975, F. Wells entered into an agreement ("1975 Agreement") with Jeff and Jerry Wayne (the "Waynes"), representatives of Indoxa Anstalt Company. In the 1975 Agreement, F. Wells assigned to the Waynes certain rights in the Novel, along with an option to acquire exclusive television and radio rights. Paramount alleges that in 1988, when it learned about the 1975 Agreement, it exercised its right of first refusal, pursuant to the 1951 Contract, and matched the Waynes’ offer. Shortly thereafter, from 1988 to 1990, Paramount trademarked, produced and internationally distributed a television series based on the Novel. The Estate of F. Wells, Martin Wells and Trustees for Robin Wells (collectively, the "Owners")1 never objected to Paramount’s activities. Subsequently, in the fall of 1999, Hallmark began negotiations with the Owners for the right to produce and distribute a television miniseries based on the Novel. Learning of the negotiations, Paramount asserted exclusive ownership of the television rights to the Novel based upon the 1951 Contract, as well as through the exercise of its right of first refusal. Nevertheless, Hallmark and the Owners continued negotiations and finalized a quitclaim agreement on November 17, 2000 ("Hallmark Contract"). On November 27, 2000, Hallmark and the Owners commenced this action. Initially, plaintiffs’ complaint asserted three causes of action: (1) a declaratory claim; (2) tortious interference with business relations; and (3) tortious interference with contract. The two tortious interference claims were previously dismissed. In the remaining cause of action, plaintiffs seek a declaration that Paramount does not have exclusive television rights to the Novel, and that the Owners can sell and Hallmark can acquire the rights to produce and distribute a television miniseries based on the Novel. They further seek to enjoin Paramount from asserting exclusive ownership of television rights, from interfering or preventing the Owners from selling those rights to Hallmark, and from interfering with Hallmark’s rights under the Hallmark Contract. "The question whether a writing is ambiguous is one of law to be resolved by the courts", Matter of Wallace v 600 Partners Co., 86 NY2d 543, 548 (1995). The construction of an unambiguous contract is a question of law and extrinsic evidence will not be considered; instead the intent of the parties will be deduced from the four corners of the contract, see, Lake Constr. & Dev. Corp. v City of New York, 211 AD2d 514, 515 (1st Dept 1995). Generally, "[t]he rules governing the construction of ambiguous contracts are not triggered unless the court first finds an ambiguity", Matter of Wallace v 600 Partners Co., supra.'' I assume this is still current.
|
|
|
Post by Lensman on Apr 2, 2005 0:27:07 GMT
The Wells family sued Paramount for the motion picture rights recently - and lost. Seems to me the motion picture rights were clearly granted to Paramount in 1951. The specific argument of the case revolved around television rights, but the language seems to make clear that it covers any and all motion pictures. See what the following says to you... Wow! Thanks Nerfy. That does indeed seem to be pretty clear that Paramount owns any and all film rights to WotW, even for a production based directly on the original novel and not on the George Pal movie. What we don't know, of course, is what deal Paramount and Pendragon reached in what I am guessing was an out-of-court settlement and/or licensing deal.
|
|
|
Post by EvilNerfherder on Apr 2, 2005 0:44:27 GMT
Well, we've all heard from TH about this 'letter' from Paramount that gives permission for PP to make a WotW movie. Strikes me that SURELY that must cover the right to distribute the movie as well otherwise it would be pretty much useless as a document without it. I find it hard to believe this can't have been taken into account. I seem to remember seeing the word 'understanding' mentioned in relation to this 'letter' as well, way back. How legal (or not) that makes it hasn't been stated. Alas, without any word from PP or any other parties that may be involved, we can't fairly comment any further for sure.
|
|
|
Post by Bayne on Apr 2, 2005 2:18:27 GMT
[glow=red,2,300]Merchandising rights is mentioned.. hmm..... We all know Jeff Wayne protects his rights like a night-stalking ferret (now that's what I call an obscure Star Wars referance so it is possible he's let slip the dogs of law on Pendragon. Jeff would have had to have done some sort of deal with Paramount, he's making a movie and they have announced a game and action figures. So it's possible that either or both groups could be causing Pen hassles. Of course it's only speculation. [/glow]
|
|
|
Post by maniacs on Apr 2, 2005 6:34:42 GMT
Wow! Thanks Nerfy. That does indeed seem to be pretty clear that Paramount owns any and all film rights to WotW, even for a production based directly on the original novel and not on the George Pal movie. What we don't know, of course, is what deal Paramount and Pendragon reached in what I am guessing was an out-of-court settlement and/or licensing deal. That actually makes me feel better and explains why hallmark had to negotiate with JW about it back then. So by the looks of it Waynes couldn't stop a Euro distribution. However, I think you'll find paramount can only rattle its sabre in Europe since this is the only place copyright protection applies over 50 years after wells death. Elsewhere the book is publicly owned. That might be why they conceded to Hines. The legal problems we are hearing now might be Hines attempt to get a European distribution.
|
|
|
Post by Gerkinman on Apr 2, 2005 7:41:56 GMT
Clever. Looks authentic enough... but I aint no fool suckah, and I ain't gettin' on no plane!!
if you hadn't said "An annoymous reliable source" or "Pendragon E-mail genuine insider news.." I would've fell for it!
Good one!
You got doubled fooled by a fool that wasnt a fool ;D
|
|
spelky
Junior Member
Posts: 48
|
Post by spelky on Apr 2, 2005 9:19:10 GMT
I think this has the whiff of truth about it. We have all clearly seen how inept PP are at Marketing and PR so I find it entirely possible that when given the rights to MAKE a film they wrongly assumed this would include worldwide distribution.
Also let's not forget that we are now in the business arena, forget art, forget quality, WOTW is a brand and the film is just another product. Paramount want to exploit that brand for all it's worth (well wouldn't you if you had just spent millions?) though the film, merchandise, books, soundtrack etc etc.
As the owners of that valuable brand they won't want anything in the market at the same time, one of the first rules of brand management is to protect the brand from copies and similar offers, the average punter can be easily confused ;D
And before the usual suspects jump all over me for comparing Paramounts and PPs efforts don't forget that in the minds of the legal guys anything with War, Worlds, Wells, Tripods, Heat Ray, you name it will potentially weaken their prescence in the market, the quality of that alternative won't matter and by fair means or foul they will stop it.
So a cooperative pincer movement by Paramount and JW on Pendragon to limit and or obstruct distribution would make sense to me, it might also explain why JWs animated version won't be out for 3 years, to give Paramount a clear field.
This is clear speculation on my part of course but I love conspiricy theories
|
|
|
Post by mctoddridesagain on Apr 2, 2005 10:10:13 GMT
|
|
MarkG
Full Member
Posts: 116
|
Post by MarkG on Apr 2, 2005 12:12:55 GMT
Indeed. I expect Hines' next press release will be claiming that the movie has been stolen by the Bavarian Illuminati.
|
|
|
Post by mctoddridesagain on Apr 2, 2005 12:59:54 GMT
Or aliens.
Mind that anal probe, matron! Ooh er, missus!
|
|
MarkG
Full Member
Posts: 116
|
Post by MarkG on Apr 2, 2005 13:18:28 GMT
LOL... now there' s a good idea for a new 'Carry On' movie .
|
|
|
Post by mctoddridesagain on Apr 2, 2005 13:33:13 GMT
Carry on War of the Worlds!
Starring:
Sid James as The Narrator Kenneth Williams as Ogilvy Charles Hawtry as The Curate Frankie Howerd as The Narrator's Brother Barbara Windsor as Mrs Elphinstone Bernard Bresslaw as a Martian
In the observatory: SJ: "'Ere, Ogilvy, d'you think there's life on Mars?" KW: "Oooohhhh, stop messin' about! The chances of anything coming from Mars are a million to one!" SJ (laughs): "Hyah hyah hyah hyah hyah..." (Points telescope away from Mars and straight at a bedroom window; woman inside's bra twangs off)
On the common, the Martians have opened fire: KW (as a Heat Ray's about to blast him): "Infamy, infamy! They've all got it infamy!"
In the ruined house, near the window: CH: "Oooh, I knew I should never have hung about near that Martian's draughty opening, mother said I'd catch my death of cold." SJ (brandishing cleaver): "If you don't shut your cakehole, you'll catch your death off my big chopper!"
Etc...
|
|
MarkG
Full Member
Posts: 116
|
Post by MarkG on Apr 2, 2005 13:57:20 GMT
LOL... you should be in pictures !
|
|
|
Post by maniacs on Apr 2, 2005 14:34:06 GMT
The sun shines out of SS and JW a**se as usual.
The children dont like what they are hearing so the classroom jokes come out!
|
|
|
Post by RustiSwordz on Apr 3, 2005 16:59:49 GMT
Fnaarn fnarr fnarr... ;D
|
|
|
Post by mctoddridesagain on Apr 3, 2005 22:08:56 GMT
The sun shines out of SS and JW a**se as usual. The children dont like what they are hearing so the classroom jokes come out! When it comes to all three prospective films, as far as I'm concerned the sun doesn't shine out of anyone's ar*se!
|
|
|
Post by jeffwaynefan on Apr 4, 2005 12:40:49 GMT
Wells died in 1946 so any copywrites to his work would expire wether those rights had been sold or not, in 1997. Previous attempts to make a new WOTW have been made previously but hit a snag before actual production. The problem was that European laws changed the copyright period after the authors death from 50 years to 75 years. JW did own the copyright, yearly purchased I think, at least to the year 2000 and has exasperated these attempts. He owned the rights to the book and any retelling of the story had to be permitted by him and he wanted it to be a musical. In America and elsewhere WOTW is now in the public domain and adaptation of a new version and it's distribution is not a problem. The question is, who now owns the rights to WOTW in Europe. If the Wells society now owned them, refused to resell the copyright that would be the best news since I see them giving written permission, even at a price, to more than one party. If paramount did own it, I could never see this true, since JW version will ROCK SS big time - no contest, and I do see them stoping him. No doubt PP has had to ask someone for permision. As for JW I doubt he has the rights anymore since a sudden change of heart is unlikely after sticking to his guns for so long. I would have thought Charles could have cleared this up long ago. So WHO owns the rights? Someone please tell us. Since all three have embarked on a production we cam assume some kind cooperation has gone on since each one has merits and attractions unique to each - 1 faithful adaptation 1great directer 1 superb music I really have 'no' idea to where you may have got that from as Jeff STILL owns the copyrights. H_C
|
|
|
Post by timeship2 on Apr 4, 2005 13:55:51 GMT
McToddRidesAgain,
Hilarious! As a Carryon Fan I could actually hear the voices of each of the characters in my head as I read your spoof LOL
|
|