Thursday
Jan082009
Thursday, January 8, 2009 at 4:14AM 'Watchmen' Court Case Takes Another Turn
Do you think it's possible that the drama in Watchmen can possibly match the intensity of the
drama surrounding it? I can't remember a more anticipated project that has had to deal with so much legal
nonsense so close to its release date. I mean, Orson Welles always used to talk about how William Randolph
Hearst wanted to burn the negative to Citizen Kane, but very often, Welles just liked to hear himself
talk.

But with the March 6th release hanging in the balance, and with Judge Gary Allan Feess already determining
that Fox has rights to the film that Warner Bros. doesn't want to hand over, The Los Angeles Times reports that
Warners has taken the very curious step of putting the distribution rights to a potential blockbuster back
in the hands of that very same judge. To me, that sounds like handing the executioner your favorite rope,
but whatever.
Yes, all parties will convene on January 20th, at which time Feess will hear arguments relating to Fox's
legal ability to block the release of the film on March 6th. Said Warner Bros. in a statement, "We will
continue to pursue all of our legal options to defeat Fox's meritless claims and remain confident that we
will ultimately prevail."
Here's what makes all of this so tricky:
1) Fox seems like a big baby, the kind that of punk kid that sold a toy at a garage sale and then wants it
back so bad it hits the other kid who got it fair and square. Sure, it owned the rights, and sure, producer
and former Fox head Larry Gordon didn't cross his t's and cross his i's before the project wound up at
Warner Bros., but shouldn't they have taken this to court like a year ago? Blocking the release date doesn't
help anybody, not the film, not Warner Bros., and not Fox. It's going to be damaged goods after this and Fox
will seem like the bad guy, if it doesn't already.
2) Warner Bros., unfortunately, is behind the 8-ball. The fact is - or at least Feess' interpretation of the
fact is - that Gordon didn't saddle up with another studio before obtaining the proper release of the rights
from Fox, the original owner. So while Warner Bros. has done a masterful job to this point, the studio
really should've begun thinking of a settlement six months ago when all this broke. Why? Because the worst
thing that can happen is a delay.
If Feess says Fox can block the release of the film until all these matters are resolved, there's no telling
what Fox will do. Maybe Watchmen goes to June, the weakest of the three summer months. Maybe it's
moved to the winter, hoping for a Dark Knight-like awards push. Can't really say, at least not until
after January 20th.
In the meantime, Warners continues to act confidently about the film's release, launching a new viral
website called The New
Frontiersmen. Peter over at Slashfilm stumbled onto it, and while you could go over there now and see a neat opening
design, it really won't launch for a few more days. Let's hope it's not all for nothing.

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Reader Comments (6)
It's difficult to comment without knowing all facts and submissions but I would say that Warner Bros is the bigger idiot.
If they want to make a movie it's there job to make sure that they have the proper rights.
If you make a mistake in legal it will usually take a lot of time and cost a lot of money to fix it afterwards.
Still, hasty clients is what trial lawyers make a living on.
From what I read of the NY Times coverage, Fox claims to have alerted Warner Bros. of its agreement and turnaround right after Snyder announced he'd be doing Watchmen. That Warner seemingly did nothing about Fox's assertions way back when brings us to where we are now. If what Fox says is true it's beyond foolish that Warner would go ahead on a film before securing every right to it. What Fox is doing now may seem petty but why did Warner not act sooner, secure the rights and give Fox nothing to mouth off about in court? It looks like a bit of cavalier arrogance on behalf of Warner and it just may bite them in the ass.
I dont think fox really cared until they saw that this movies clearly has potential to make some real cash, then they felt spending on lawyers was a good use of money.
While I think Fox is morally in the wrong, nothing has yet convinced me that this movie is going to be worth anything more than a steaming pile--ranking somewhere between Batman & Robin and Mystery Men (which, I have to say, if they were going to make a Watchmen movie, is the era they should have made it IN--mid/late 90s).
Well, Orinn, explain how Fox could be in the wrong when they had the rights?
If what Asana says about Fox alerting Warner Bros before production then all this is 100% the mistake of Warner Bros.
I trust Fox wouldn't make such an assertion without having a piece of correspondence to back it up.
From what I can tell, and adding a bit of my own conjecture here, it sounds like Fox brought up the fact that they had the rights way back when Snyder announced the project, but didn't push the issue. Thus, legal things or not, Warner Bros. acted like a kid who knows he's in the wrong but won't stop until he gets yelled at by his parents; sure, dad's looking at him reaching for the cookie jar, but until he hears "stop" or even gets a spanking, that hand will continue to try and reach for the damned cookie. That's what Warner Bros. did. They likely hoped that if they got far enough with the project then Fox would back down, which is what they want, a settlement or all-out victory. If Fox had caused a stir before they might even have been able to take complete control of the project. Fox should have caused a bigger stir before if they really wanted something to happen, that they waited this long is because they knew they wouldn't get anything but a settlement anyway, so they waited this long because a bigger settlement is more likely if Warner Bros. is worried the movie date might be pushed back. They were both in the wrong, but still Fox is being the dick by still continue this damn fight. The judge needs to just force a settlement so Fox can get money and shut up.