Sunday, May 11, 2014

Industry Liabilities

According to a lawsuit filed against James Franco, Franco had an agreement to develop the film version of “Ham on Rye” by Charles Bukowski but it expired in 2010.  In an agreement entered by both Franco and Humphries in January 2009, Humphries allowed Franco to develop a film based on this novel. The lawsuit states the film “barrows the Novel's themes of childhood loneliness; adolescent self-consciousness; the failures, hypocrisy, and cruelty of adults; and, in an unflinching depiction, the crude interest teenage boys take in sex. …The Film incorporates entire scenes, including substantially their dialogue, from the Novel." The complaint of the lawsuit covers all the alleged similarities as well as all the discussions between Humphries and Franco’s representatives over the past year.  In December of last year, Humphries caught wind that the film had completed work and was being shopped by Franco for distribution. I believe that Franco should allow Humphries to see the completed work of the film thus far and allow him to sit in on the rest of the filming so that Humphries can have the piece of mind about his novel as a film.
            Tess Gerristen, Best-selling author, is suing Warner Bros. with the allegation that the movie Gravity was derived from her 1999 book Gravity. The lawsuit filed claims that it was not copyright infringement, but a contract that she had stemming from a film option when her book was released. The premise of Gerristen’s book “is a female medical doctor/astronaut who is stranded alone aboard a space station after a series of disasters kill the rest of the crew." She was promised that if a film was made "based on" her book was made, she would receive a $500,000 production bonus, screen credit and, maybe most importantly, 2.5 percent of defined net proceeds. Last year's film -- which won seven Oscars -- grossed more than $700 million worldwide, putting potentially a lot at stake in the new lawsuit.” In my opinion Gerristen is out of luck with this one. I do not think she going to be able to prove that she deserves to be given credit and receive payment for the movie.
            Thomas Althouse sued Warner Bros alleging that The Matrix trilogy had similarities to a script he submitted to Warner Bros. in 1993. The premise of Althouse script The Immortals is “a CIA agent who gains immortality from a drug and finds himself in the year 2235, where Adolph Hitler and some Nazis have been reanimated from cryopreservation. In the script, the spy protagonist is now fighting with those now immortal Nazis who seek to oppress and destroy all "short-lifers." "The basic premises of The Matrix Trilogy and The Immortals are so different that it would be unreasonable to find their plots substantially similar," writes Judge R. Gary Klausner.  This was pretty much an open and shut case. The premises of The Matrix Trilogy and The Immortals were just too different, so I rule for Warner Bros.




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