PrintFor the past few months, anticipation for Zack Snyder’s Watchmen has been exploding—climaxing, for some, in the release of advanced screening passes and additional swag during SEAS E-Week and other campus events.
But only last December, it seemed possible that the film would never even be released.
Watchmen, an adaptation of Alan Moore’s seminal graphic novel, was cast into limbo due to a legal dispute between Warner Brothers Entertainment and 20th Century Fox. Fan-boys and film bloggers wanted to blame Fox for the lawsuit, expressing terror that the film’s release would be postponed or canceled—a common worry surrounding comic and fiction adaptations. As it turns out, the Fox v. WB case hinged on the fact that Fox had owned the rights to the graphic novel since 1991, and maintained the distribution rights to the film unless another company paid a buyout price—something Warner Bros had failed to do.
As the film industry has evolved, laws and regulations that control the complex issue of film rights have developed. The modern system allows a production company to own certain rights to a film, such as production or distribution rights. This means that different companies can control different aspects of the film’s release. Additionally, for proposed adaptations of books and comics, the intellectual property (legal property rights over artistic creations) is “optioned”—the writer and/or publisher is paid, then, usually, no longer involved in the film’s production.
The Watchmen rights dispute was resolved in January with a financial settlement. Warner Brothers hadn’t bought out the distribution rights for a hypothetical film before beginning production, as they didn’t acknowledge Fox’s claim to those rights. In hindsight it seems unlikely that Fox intended to cancel the film’s release entirely. Instead, they only expected the payment they deserved.
But this case is not the only time film and law have collided. Another recent example of film litigation occurred in 2006, when Peter Jackson, director of the Lord of the Rings trilogy, announced that he would not be involved with a film adaptation of The Hobbit. Here, there was a problem with the deadline for intellectual rights—rights can be sold to other production companies if a film isn’t green-lit in time.
At the same time that New Line Cinema’s ownership of the rights to The Hobbit were about to expire, Jackson was suing the production company for an unrelated reason: merchandising rights for The Lord of the Rings. Robert Shayne, co-founder of New Line, said that Jackson would not be involved in any further productions with the company due to the disagreement. Fortunately, with time, both conflicts were resolved independently and Jackson was made executive producer of the upcoming movie.
Watchmen and The Hobbit are both, ultimately, success stories. But other highly anticipated adaptations regularly fall into “development hell” or never get produced, albeit usually because of creative conflicts rather than legal ones. The press often blames producers for the setbacks of their films’ releases. Objectively, entertainment law can be a tricky set of rules to work with. Not everyone is always on the same page (as with Watchmen) and personal feuds can get in the way (as with The Hobbit). Still, incidents of film litigation can make it seem as though producers are placing their own wishes—making as much money as possible—before those of a movie’s fans—simply getting to see the film that’s causing all the commotion.
While conflicts like these can cause tension among fans and professionals alike, ultimately, everyone involved wants to see the production through. It is a shame, though, when a conflict between a few people keeps a work of art from being seen by the wider world.
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When Entertainment Met Jury Duty
While the legal realm can control when movies will be released, it’s comforting to know that Hollywood can always hit back at the law. Here are three of the best films about courts, lawyers, and due process.
12 Angry Men—A simple trial becomes a contested debate about the concept of innocence. Henry Fonda and Lee J. Cobb go head-to-head over the verdict of a young boy who killed his stepfather ... or did he? Sidney Lumet’s adaptation of the classic play is an intense, claustrophobic adventure with numerous twists.
Adam’s Rib—When lawyer Spencer Tracy takes on a client accused of killing her husband, he doesn’t expect his wife, played by Katharine Hepburn, to defend the other side. A battle of the sexes more than a battle of defense and prosecution, Adam’s Rib combines an ingenious screwball comedy with compelling courtroom drama.
Primal Fear—Richard Gere must defend alter boy Edward Norton, who is accused of murdering a priest. Deceit and mystery abound, and a young Norton has a showstopping and ingenious performance.
—Peter Labuza