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Old 12-29-2008, 11:21 PM   #10
thedarkangel1975 thedarkangel1975 is offline
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Quote:
Originally Posted by arrow61095 View Post
Ok, I have seen a lot of back and forth, with people not really understanding the details of what happened, so I figured that I would give a synopsis, for all who missed the details,

(I saw earlier someone even tried to blame the director (Zack Snyder), just so you know, directors have nothing to do with securing movie rights.)

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In August 1986, producer Lawrence Gordon acquired film rights to Watchmen for 20th Century Fox.
Fox put the project into turnaround in 1991, and made a deal with Lawrence Gordon in 1994 whereby Gordon was given the rights to watchmen.
Fox alledges that this deal still gave them the option of retaining distribution and sequel rights to the film, and a share of the profits, should it be made by any other studio.
Despite originally passing on the project, Fox also alleged that its agreement with Gordon contained a "changed elements" clause, meaning that if Gordon changed any of the key creative personnel on the film, Fox would have first option on participation. The studio said that Gordon did not inform them of Snyder's joining the production in 2005.
Fox's interpretation of the 1994 turnaround deal also meant that Gordon would not fully control the rights until the studio's development costs (estimated by Fox at $1 million) had been reimbursed.

After Fox, Watchmen went through many studios.

After Fox's turndown in 1991, Gordon set up the project at a new company, Largo International. Fox would distribute the film. Largo closed three years later, and the above mentioned deal was made regarding the rights in 1994.

Gordon and Silver then set up the project at Warner Bros., where Terry Gilliam was attached to direct. Gilliam abandoned the project due to these funding problems, and also decided that Watchmen would have been unfilmable.

In October 2001, Gordon and Universal Studios signed screenwriter David Hayter to write and direct Watchmen in a "seven-figure deal". Hayter and the producers left Universal due to creative differences, and in October 2003, Gordon and Levin expressed interest in setting up Watchmen at Revolution Studios. They had completed Hellboy at Revolution, and were intending to shoot in Prague. The project did not hold together at Revolution Studios and subsequently fell apart.

In July 2004, it was announced Paramount Pictures would produce Watchmen, and they attached Darren Aronofsky to direct Hayter's script. Producers Gordon and Levin remained attached, collaborating with Aronofsky's producing partner, Eric Watson. But Aronofsky left to focus on The Fountain. Paramount replaced him with Paul Greengrass and set up a target summer 2006 release date. In March 2005, Paramount's CEO Donald De Line was rumored to depart from the studio, endangering high-profile projects including Watchmen. Earlier that week, De Line was in London, urging a reduction in Watchmen's budget so the film could get the greenlight. As a result of the potential budget cut with the new CEO Brad Grey, Levin planned to move the project from Pinewood Studios (where it was going to be shot), hoping to curb the budget by filming outside the UK. Ultimately, Paramount placed Watchmen in turnaround.

In October 2005, Gordon and Levin were in talks with Warner Bros., originally the second studio to be attached to Watchmen. In December 2005, the producers were confirmed to have set up the project at Warner Bros., but Greengrass was no longer attached to the project. In addition, the film was marked an "open writing assignment", which meant David Hayter's script would be put aside. After Warner Bros. officially became involved, the studio claimed that because Paramount had not fully reimbursed Universal for its development costs, Paramount had no legal claim over the film rights. Therefore, it would not be entitled to co-finance the film with Warner Bros. After negotiations between the studios, they agreed that Paramount would own 25% of the film and would distribute it outside North America.

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SUMMARY
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So Warner Brothers optioned the rights for Watchmen from producer Lawrence Gordon who originally got the rights in August 1986 and is producing the 2009 movie. The film had gone through 5 other studios since Fox and still had the same producer, who had paperwork saying that he had the rights to Watchmen. The legal fight is basically over the 1994 deal between Lawrence Gordon and Fox, where Fox claims that they put in sub-clauses allowing them first option on participation. WB would have had no way of knowing this, and being how many different studios tried to do this movie - I doubt anyone but Fox and Lawrence Gordon knew of this contract and Lawrence Gordon might have actually thought that he did have all the rights.

So, if there is fault, it falls on:

1. Lawrence Gordon - He should have read the contracts and known all of the stipulations, and double checked to make sure that Fox didn't slide something in.

2. Fox - For nitpicking, and trying to prolong the situation rather than working toward a quick resolution. Even if they don't have the rights that they claim and lose in court, They have the money and lawyers to appeal, and drag this out as long as they want. Right now, they aren't offering anything to make this go away, which is a bit of an unreeasonable stance to take. I can understand that they believe that they have some rights to this film, but by refusing to negotiate, they are only hurting the fans and themselves (they didn't have to front any of the production costs or risk associated with the movie).
Actually Snynder, Warner Bros etc are just as fault as Gordon. Maybe not leagally but morally for Synder at least. They should have looked over the contracts and rights before they signed anything and went into preproduction. I think as we get closer to January 20th a deal will break out were it will be a joint venure of Fox and Warner Brothers where Fox maybe get a 60/40 profit split.
If the trail begins, then expect a delay and temporary shelving of the movie.
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