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Not-So-Cheery Holiday News

December 25th, 2008
Author Sarah Jaffe

Apparently a judge has ruled that 20th Century Fox does own a share in Watchmen.

The Associated Press reported:

A U.S. federal judge has ruled that 20th Century Fox owns a copyright interest in “Watchmen,” potentially jeopardizing the superhero movie’s March release.

U.S. District Judge Gary Feess of Los Angeles disclosed the decision in a written order Wednesday, The New York Times and Variety reported.

I’d be willing to be that Fox will settle for allowing the release and wanting a chunk of cash that the movie’s bound to make. They’d be pretty stupid not to. But I’m neither a copyright lawyer nor a Fox exec, so who knows.

Sorry to ruin anyone’s fun.
(h/t a friend)

52 Responses to “Not-So-Cheery Holiday News”
  1. Traf Says:

    That sucks.

  2. Kimota94 Says:

    Cue the 20th Century Fox hate-fest and boycott threatening unless they cut a deal with Warners that still sees the film released on March 6th…

  3. Nate Says:

    I WILL boycott Wolverine if Fox keeps this from coming out. (I’ll still watch it, I’ll just buy a ticket for something else). The best thing that could happen out of this is in exchange for Warner’s to release “Watchmen” Fox is allowed to release the “Batman” tv show. Then everybody wins.

  4. OM Says:

    …Kimota has a point. What needs to happen now is comic book fans need to unite and boycott all Fox movies until Watchmen is released. Make every single film they release a box office flop, and write the heads of the studio to let them know that our need to see Watchmen on screen is more important than their attempts to make money off of something they didn’t even work on.

  5. Razin Says:

    This genuinely dampens my spirit.

  6. The Gorn Identity Says:

    Fox…hmmmmm…I’m finding them to be quite a loathsome studio. I’ve heard that many directors, writers, producers, etc. find it difficult to work for them. Hey, isn’t Fox the chief reason we haven’t seen the 60′s Batman TV series on DVD?

  7. Anthony Lucynski Says:

    Hey, I was going to see Wolverine at the theaters, but I can wait for a dvd rental or torrent it if Fox is going to be a pain for Watchmen….

  8. Ziggy B Says:

    i wanna see watchmen come out on time as much as the next guy, but anyone who thinks fox shouldn’t protect and exercise their copyright is an idiot.

    these laws are important and they exist for a reason.

  9. Jeremy Says:

    Oh yea boycott Wolverine that sure will help the cause of comic movies. Man fanboys are stupid.

  10. silvanthalas Says:

    It’s always been about Fox seeing how much money they can siphon off. It’s Hollywood 101.

    All of you that are getting your panties in a bunch need to step back from the ledge already.

  11. David Says:

    Don’t blame fox, they are clearly in the right. (even if they may have waited longer than one would think to bring this to court.)

    Warner Brothers are the idiots who moved ahead without making sure they had all their ducks in a row. Especially on a project that they KNOW has moved hands many times in the last 20+ years people have been trying to make it.

    Now, IF FOX refuses to negotiate a fair deal to allow the release than we can call for their heads. (Likewise for Warner Bros). Until then they are only doing what YOU would do in their situation.

    Just relax, sit back, and wait. I mean, we’ve waited this long already…

  12. Joe Says:

    Actually “Gorn Identity”, Fox can’t put out the 60′s Batman show because WB owns the rights to Batman, but Fox owns the rights to the show. Neither of them want to budge on the issue. So it’s just as much WB’s fault that that show isn’t out as it is Fox’s.

  13. Kevin Says:

    No need to worry, all that’s going to happen is FOX will draw the process out until the end of March so Wolverine won’t have competition from Watchmen, then they’ll settle for a decent chunk of cash and let Watchmen be released shortly after. It’s nothing but profit maximization, it’s not really something to get up in arms about.

  14. Sano Says:

    Dear Fox:

    Please FORCE them to refilm the ending so it is exactly like the comic and squid monster gets his chance to shine.

    Sincerely,

    A guy who has watched every single episode of Married… With Children

  15. 1genxer Says:

    You know what. It sucks that this came to what it did. But, Fox owns the rights.We have copyright laws in this country to protect property, and it is the studios fault for not doing their research.

    I hope to see Watchmen, but honestly, we need to obey the rule of law. Unfortunately we live in an adult world, with adult consequences. More likely than not the movie will be released, and fox will be awarded a GIANT bag of cash in the end.

  16. Wilbur Lunch Says:

    Makes you sympathize with Alan Moore, who wants noting to do with greedy Hollywood.

  17. darrell_d Says:

    So, Fox had actually let WB know about the fact that they did not have all of the distribution rights a couple of years ago, and WB didn’t bother to rectify the mistake and suddenly it Fox is the bad guy. Ok, that makes perfect sense.

  18. darrell_d Says:

    “…Kimota has a point. What needs to happen now is comic book fans need to unite and boycott all Fox movies until Watchmen is released. Make every single film they release a box office flop, and write the heads of the studio to let them know that our need to see Watchmen on screen is more important than their attempts to make money off of something they didn’t even work on.”

    That’s pretty stupid. Seeing Watchmen has a movie is a want, not a need. Fox isn’t in the wrong here, WB really should have made sure that they had ALL the rights.

  19. Alexa Says:

    I love how those calling for a boycott are asking ALL comics fans to do it. What about us comics fans who think that a Watchmen movie should never have been made, and would prefer it if this one never saw the light of day? I intend to see Wolverine 10 times in theaters in my support of Fox.

    (I know they’ll clear up something eventually, but a girl can dream)

  20. Nate Says:

    Fox doesn’t OWN the rights. They have a right to the distribution, that’s all. Warner Brother’s Owns the movie and rights to every DC character because they own DC. What is making everyone upset, is not the fact that Fox deserves a piece, cause they do, but it has been said that Fox wants to block the release altogether, that IS something to get up in arms about. And Yes, I do think we should boycott Wolverine, comic book movie don’t need “help” and there needs to be a message sent. If everyone can do the right thing, and allow Warner’s to release the movie and allow Fox to get some money then it’s all good. But if Fox stops the movie from coming out completely… Well, I guess I am stupid for wanting the movie to come out.

  21. Nas-Vell Says:

    OM has the funniest post here. Comics Fans Assemble! and then we’ll fight ‘The Man’ running Fox. It’ll be stupendous. I’ll just wait here for it all to blow over, Watchmen to come out and Fox to receive its truckload of cash.

  22. Mike Says:

    I’m with Alan Moore and Terry Gilliam, Watchmen is a unfilmable, and should have never been made. Why does a comic need some kind of validation by being made into a movie, why can’t it just be brilliant on its own?
    Personally I hope that the movie never sees the light of day, We already have Frank Miller butchering The Spirit, the last thing we need is another comic book classic getting it’s importance diluted by a bad film version of it.

  23. Jesse Says:

    “Fox doesn’t OWN the rights. They have a right to the distribution, that’s all.”

    That’s not correct.

    Fox owns the Movies rights to the creation of a Watchmen movie. What Warner has done is the same as if DC put out a Wolverine comic under the DC logo. Marvel would never let it happen, and would probably never let it see the light of day under there own Logo.

    This is quite the striking blow to Warner.

  24. darrell_d Says:

    Ah, the boycott strategy. I hope the holding breath and kicking and screaming on the ground is next. ‘Man-children Unite!’

  25. G. Says:

    “What needs to happen now is comic book fans need to unite and boycott all Fox movies until Watchmen is released. Make every single film they release a box office flop, and write the heads of the studio to let them know that our need to see Watchmen on screen is more important than their attempts to make money off of something they didn’t even work on.”

    Ahahahahaha.

    Yeah, totally not doing this.

    In fact, I’m going to go out of my way to watch all the FOX movies I can – even ones that look awful – just to offset your sad little crusade.

  26. Matthew Raleighbaconburgerfarley Says:

    Warner probably is the innocent party in all of this.
    Fox is just jealous of the Dark Knight’s success and wants to catch up badly after seeing there won’t be another Star Wars feature film for another 20 years until its 50th anniversary. Its not like DC is not to blame either. Here you have a company that raked in HUGE success with Dark Knight and yet they STILL don’t want to market their big 3 characters in their own comic line the proper way!

  27. The Man Says:

    Phooey! Why does everyone want to fight me!?

  28. AdamUnRama Says:

    Listen, we are doing exactly what they want us to do; talk about the movie. Get the online community worked up, so the entertainment news sources will talk about it, and make people want to see the movie that much more. Its going to make more money for both parties.

    WB already showed the Watchmen up in Portland (OR). They had execs asking people if they knew about comic, if the person said ‘no’ then they were able to watch the movie for free, as long as they answered questions about the movie afterword. WB is going for a (I forget the term)way to prove that it i no longer jut WB’s intellectual properties, it is the property(ies) of those who have seen it.

  29. jay mon Says:

    Terry Gilliam never said it wasunfilmable, he said it would work, but as a 4-5 hour mini-series on hbo, showtime, etc.

  30. Dhaise Says:

    Poor evil Fox, how dare they want a share of something they paid to secure the rights for. WB can make any movie they want,who cares who they sold the rights to?!

    PS- Wolverine and Watchmen both look like they suck.

  31. Evan Waters Says:

    Honestly… if it was decided this quickly it may have been pretty clear cut. It would surprise me that WB wouldn’t have been aware of this arrangement, but then, Fox itself thought it was okay to put the Silver Surfer on quarters without asking the U.S. Mint, so these things happen.

  32. C. Towns Says:

    to all the people who keep bringing up the Batman TV series… theres more to it then problems with DC/WBs. Fox would still have to renegotiate contracts/royalties with guest stars, music and other various licenses from that TV series.

    http://www.tvshowsondvd.com/news/Batman-Watchmen-Batman-Deal-Reported/10573

  33. Outsider Says:

    That’s not correct.

    “Fox owns the Movies rights to the creation of a Watchmen movie. What Warner has done is the same as if DC put out a Wolverine comic under the DC logo. Marvel would never let it happen, and would probably never let it see the light of day under there own Logo.

    This is quite the striking blow to Warner.”

    From everything I have heard so far, what you are saying is incorrect.

    They (Fox) argued for the rights for everything but the judge has awarded them an interest in the copyright, thats not the same thing.

    Its also nothing like your analogy, your Marvel/DC analogy would have been stopped before it even got to casting.

    This is much, much closer to the “Dukes of Hazard” crap that happend a few years ago.

  34. snikt snakt Says:

    “OM has the funniest post here. Comics Fans Assemble! and then we’ll fight ‘The Man’ running Fox. It’ll be stupendous.”

    that dude is famous for his rants…

  35. RogerBarnes Says:

    Two things to consider here. 1) Marvel knew about this before they made the movie and were stupid to move forward without fixing this first. 2) Fox just spent a bundle on litigation to get this ruling… they’re not going to allow them to make the movie for peanuts.

  36. Zoink Says:

    Fox will probably get some huge chunk of money from WB and then the movie will be released either on time or a bit late. I think both companies are a bit off on this situation. WB should of checked to make sure everything was clear before making the movie and Fox should of tried to stop it before the movie was finished filming.

    I don’t think a boycott would do anything. Wolverine is still going to do pretty darn well and when Watchmen does come out it will too. Just go see movies you want to see and don’t go too crazy.

  37. Kyle Says:

    Best case scenario Fox allows Warners to release the Watchmen film. Warners allows Fox to release the Batman 60′s TV show and they split the profits. win win, fair probably makes too much sense for them

  38. Bairfanx Says:

    I’m sure fox is in the right legally, but this is stupid beyond belief. How long have we known that there was going to be a Watchmen movie released by WB? And instead of get this taken care of last year, they wait, in order to what? Likely to use screwing the release date up as a bargaining chip for more money.

    It’s despicable.

  39. Bloodmage Says:

    1- Fox has every right to protect their copyrights, and WB should’ve done the research. If you recall, Marvel had a similar ruling against them for use of “The Champions” a couple years back.

    2- Watchmen is not “unfilmable”. It’s not nearly as complex a narrative as some say it is, and similar films already exist, minus the superheroes.

  40. kaijumaster Says:

    No, I agree with some people, you don’t let an entire film be made, allow huge buzz to be built and then say “Wait we get to make money from this for doing nothing but sitting on 10 year old documents we did nothing with.

  41. JoJo Says:

    AdamUnRama, you’re confused. You said “WB already showed the Watchmen up in Portland (OR). They had execs asking people if they knew about comic, if the person said ‘no’ then they were able to watch the movie for free, as long as they answered questions about the movie afterword. WB is going for a (I forget the term)way to prove that it i no longer jut WB’s intellectual properties, it is the property(ies) of those who have seen it.”

    Warner Bros wasn’t asking people if they had read the comic when they recruited them in order to establish some bizarre “property” claim or whatever you’re blabbing about. They simply asked people that question because they wanted unbiased opinions about the film itself. This sort of screening happens all the time in the market research process.

  42. darrell_d Says:

    “No, I agree with some people, you don’t let an entire film be made, allow huge buzz to be built and then say “Wait we get to make money from this for doing nothing but sitting on 10 year old documents we did nothing with.”

    Hmm. Maybe you should read up on the case a little? Fox let WB know about the rights they retained right after Zack Snyder was announced as director. WB rebuffed them. Repeatedly. But, if it makes you feel better, stick your fingers in your ears and go, “LALALAALA, not listening, Fox is evil! They cancelled Firefly!”
    I swear, suddenly half of internet fandom are lawyers. Who knew.

  43. Nate Says:

    I am claiming ignorance on the case cause I haven’t read any of the case files. However, I do have a question: How does a property at DC comics, which is owned by a huge corporation “NOT” belong to said huge corporation? I understand that Fox had a right to make a movie years ago, but wouldn’t the rights revert back? I truly am saying I don’t understand what is going on in this case. I also don’t feel that Fox should be cheated out of money if they DO deserve it, my problem lies if they block the release. I think that this film is very important to our favorite medium and if good, could bring a lot more people into a comic shop.

  44. Dhaise Says:

    How does a property at DC comics, which is owned by a huge corporation “NOT” belong to said huge corporation? I understand that Fox had a right to make a movie years ago, but wouldn’t the rights revert back?

    Short answer: DC sold those rights as they pertained to film away about 10 years ago. The quagmire comes from a misunderstanding/oversight about what happened to those rights when the Fox project went into turnaround. As I understand it, WB thought/believed/hoped that the project was dead and they were free to scoop it up and develop it again, whereas the people holding the option had fine print that said they still retained the rights. I personally doubt that any lawyer on either side is going to kill this project regardless of a judges ruling, they are just bicking for how many zeros are going to be on the end of the check to Fox.
    And for all the people insisting that ANY style over substance film treatment of a beloved property like wolverine or watchmen is going to be an automatic payday- I hope you didn’t have money invested in the Spirit.

  45. Anal Surprise Says:

    If the courts ruled in favor of Fox, this means Fox has a legitimate claim on the copyright of Watchmen. Stop thinking that some guy @ Fox just woke up last week wanting to screw things up for everyone. There was a whole legal battle behind this ruling that probably lasted months, if not years. Fox had a claim to the copyright, fought for their rights, and won. It’s not THEIR fault everyone went ahead with the movie before this matter was settled.

    If you suddenly found out you had a legitimate claim to something like this, you’d just wave it off to not ruffle anyone’s feathers? Bull.

    I’d understand the hate if the courts ruled that Fox’ claim was baseless… but it clearly wasn’t. Fox won. Fox was in the right, here. The people who denied Fox’ claim and went ahead with the movie are the ones in the wrong.

    Get it?

  46. SinisterPryde Says:

    Of course, all of this could ultimately be for nothing.

    Its likely Fox is angling for kind of distribution deal for either this film or Batman. WB, of course, doesn’t want that, but its too late for that now.

    Whats really going to be funny is reception when this film is released. To the public at large, it looks like an X-Men movie with new characters. The “R” rating might also hurt it a little bit at the box office. Lets face it, this film is a huge gamble and it could fail spectacularly. There’s a lot of buzz, but all of it I’ve read is from people who know what it is.

    As to the lawsuit, WB has too much riding on this film to ignore Fox now. We will see it this year, the question is going to be, how much is it going to cost WB?

  47. M! Says:

    I’m looking forward to Watchmen as any other person, but I think boycotting Wolverine is just stupid. It was Warner Brothers’ fault that they didn’t make sure everything was good to go before they went ahead with filming and promotion. Fox has the right to protect themselves and their properties.

  48. Kimota94 Says:

    Wow, can I predict ‘em or what?! ;-)

    Nice to see you guys and gals didn’t let me down…

  49. Ratbat Says:

    Nobody can reasonably be mad at Fox for this. If their claim was without legal merit it wouldn’t have gone to court, to say nothing for the fact that they won. Fox owns distribution rights. WB shouldn’t have made this movie without knowing that. Of course Fox sued them. I would have.

  50. Unit99 Says:

    >Hate Directive Says comic book movies NOT featuring well-known properties are things people are finding less worth spending their time with<Look it is not the fact that the non comic book community hates lesser known characters, it is in fact the “type” of lesser known characters like the Spirit that in fact push people away. If and when “Y:The Last Man, Runaways, or a Neil Gaimine directed Sandman movie every made it to the movies then the non comic fans would flock to the theater. How many People knew anything about Iron Man? Hmmm? It’s quaility, NOT a lack of interest Hate Directive. WATCHMEN WILL RULE THE BOX OFFICE as long as WB and FOX come to an agreement, and I think they will. I love Watchmen too, but I think a lot of us have jumped the gun on this legal battle, lets give it a few weeks and see what happens…then we can decide about a boycott of FOX. BUT you know WB and Paramont deserve some blame for NOT handeling this before NOW.

  51. Peter Bails Says:

    Yes, this was a really excellent post. In theory I’d like to drop a line like this too – taking time and real effort to make a rational article… but what can I say… I stall a lot and never seem to get something done.

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