[Exclusive] The Predator Is Coming To Calgary! Predator 5/Skulls Slated To Begin

Started by Corporal Hicks, Feb 12, 2021, 06:11:47 AM

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[Exclusive] The Predator Is Coming To Calgary! Predator 5/Skulls Slated To Begin (Read 97,356 times)

Voodoo Magic

Damn ace3g you're rocking it!  Thanks for posting this great stuff!

Quote from: BigDaddyJohn on Apr 27, 2021, 09:15:33 AM
The staff thing is cool, but careful how you portray it in the movie, if it's an actual predator that does it. That's the risk with this creature, the more you show it do things the more it can look like a guy in a suit. But it also could be cool if done wisely, not showing too much.

I absolutely agree.

But I wonder if this is just workout training though / showing his skills on Instagram. Meaning, doing this in a hoodie and sweats is one thing, but doing this in a Skulls' Predator ADI suit is probably a whole other matter.

BigDaddyJohn

Quote from: Voodoo Magic on Apr 27, 2021, 01:50:28 PM
Damn ace3g you're rocking it!  Thanks for posting this great stuff!

Quote from: BigDaddyJohn on Apr 27, 2021, 09:15:33 AM
The staff thing is cool, but careful how you portray it in the movie, if it's an actual predator that does it. That's the risk with this creature, the more you show it do things the more it can look like a guy in a suit. But it also could be cool if done wisely, not showing too much.

I absolutely agree.

But I wonder if this is just workout training though / showing his skills on Instagram. Meaning, doing this in a hoodie and sweats is one thing, but doing this in a Skulls' Predator ADI suit is probably a whole other matter.

Yep I still have PTSD after the Hanzo-Falconer sword fight  :laugh:

Voodoo Magic

Consider yourself lucky! Try imaging the original Pred design fighting Hanzo!  :laugh:



goose_3387

They seem to be all set to go. Imagine if they pull the rug from underneath production and cancel it still...

Proteus

Quote from: goose_3387 on Apr 28, 2021, 11:59:07 AM
They seem to be all set to go. Imagine if they pull the rug from underneath production and cancel it still...

They're taking advantage of what time they do have in case things go their way. Las thing they want is to push production date as they have a specific window in Calgary to shoot.

HOWEVER, the likelihood that it's canceled is very strong. :(

Voodoo Magic

Voodoo Magic

#501
Well, Skulls I have the most optimism for survival above all other content like the comics, books, and games. In the Thomas Brothers complaint, Jim & John claim they are entitled to a preliminary injunction (a full stop) on any new Predator works after April 17, 2021.

The optimism I have is because...


  • Skulls pre-production began March 18th 2021. Development began years before.
  • We learned casting for Skulls actually started early 2020, but then covid happened. It wasn't like Disney was just outright waiting to the last minute to begin production on Skulls.

So even if the Judge considers the first termination notice sent by the Thomas Brothers as valid (even with the errors), one can at least reasonably argue that Skulls shouldn't be considered as a post April 17th new Predator work. Now we'll have to see how the law and legal precedent applies, but it at least appears like such a case can be made.

As I posted on another thread, we really need to know how this copyright termination law applies to projects that have already started but not finished post a copyright termination date. That's the real question I think. 🤔

Proteus

Quote from: Voodoo Magic on Apr 28, 2021, 12:57:20 PM
Well, Skulls I have the most optimism for survival above all other content like the comics, books, and games. In the Thomas Brothers complaint, Jim & John claim they are entitled to a preliminary injunction (a full stop) on any new Predator works after April 17, 2021.

The optimism I have is because...


  • Skulls pre-production began March 18th 2021. Development began years before.
  • We learned casting for Skulls actually started early 2020, but then covid happened. It wasn't like Disney was just outright waiting to the last minute to begin production on Skulls.

So even if the Judge considers the first termination notice sent by the Thomas Brothers as valid (even with the errors), one can at least reasonably argue that Skulls shouldn't be considered as a post April 17th new Predator work. Now we'll have to see how the law and legal precedent applies, but it at least appears like such a case can be made.

As I posted on another thread, we really need to know how this copyright termination law applies to projects that have already started but not finished post a copyright termination date. That's the real question I think. 🤔

I'm really wanting to be optimistic about this as well, but I suppose it boils down to the written law and how the judge interprets that.

I want to believe that SKULLS would be considered an older work as pre-production began before April 17th, but the possibility it could still be canceled simply because the real filming hasn't begun might be what the judge looks at.

Fingers crossed the judge doesn't consider SKULLS part of an injunction.

SuperiorIronman

Best I can get is these, hope any of this helps;

Under § 203, any grant of rights in a copyrighted work executed by the author  on or after  January 1, 1978  may be terminated at any time during a five-year window beginning 35 years after the date of publication of the work under the grant, or 40 years after the date of execution of the grant, whichever term ends earlier.   This termination right  may not be waived, even by agreement, and only applies to grants executed by the author of the work. That means that termination rights are inapplicable to "works made for hire" since those works are deemed owned by the employer as the legal "author" rather than by means of a grant.

Section 203 does not prohibit the continued exploitation of derivative works created under the initial grant before its termination.   Therefore, after termination, the original grantee would not be able to continue publishing the licensed work in its original form; but, any third-party that received a license for a derivative work, i.e. an adaptation, may continue to utilize the work under the original terms of the grant.   For example, a film with music in it may continue to exploit the music.

_____________

Effect of Termination. Section 203(b) makes clear that, unless effectively terminated within the applicable 5-year period, all rights covered by an existing grant will continue unchanged, and that rights under other Federal, State, or foreign laws are unaffected. However, assuming that a copyright transfer or license is terminated under section 203, who are bound by the termination and how are they affected? Under the bill, termination means that ownership of the rights covered by the terminated grant reverts to everyone who owns termination interests on the date the notice of termination was served, whether they joined in signing the notice or not. In other words, if a person could have signed the notice, that person is bound by the action of the majority who did; the termination of the grant will be effective as to that person, and a proportionate share of the reverted rights automatically vests in that person. Ownership is divided proportionately on the same per stirpes basis as that provided for the right to effect termination under section 203(a) and, since the reverted rights vest on the date notice is served, the heirs of a dead beneficiary would inherit his or her share. Under clause (3) of subsection (b), majority action is required to make a further grant of reverted rights. A problem here, of course, is that years may have passed between the time the reverted rights vested and the time the new owners want to make a further transfer; people may have died and children may have been born in the interim. To deal with this problem, the bill looks back to the date of vesting; out of the group in whom rights vested on that date, it requires the further transfer or license to be signed by "the same number and proportion of the owners" (though not necessarily the same individuals) as were then required to terminate the grant under subsection (a). If some of those in whom the rights originally vested have died, their "legal representatives, legatees, or heirs at law" may represent them for this purpose and, as in the case of the termination itself, any one of the minority who does not join in the further grant is nevertheless bound by it. An important limitation on the rights of a copyright owner under a terminated grant is specified in section 203(b)(1). This clause provides that, notwithstanding a termination, a derivative work prepared earlier may "continue to be utilized" under the conditions of the terminated grant; the clause adds, however, that this privilege is not broad enough to permit the preparation of other derivative works. In other words, a film made from a play could continue to be licensed for performance after the motion picture contract had been terminated but any remake rights covered by the contract would be cut off. For this purpose, a motion picture would be considered as a "derivative work" with respect to every "preexisting work" incorporated in it, whether the preexisting work was created independently or was prepared expressly for the motion picture. Section 203 would not prevent the parties to a transfer or license from voluntarily agreeing at any time to terminate an existing grant and negotiating a new one, thereby causing another 35-year period to start running. However, the bill seeks to avoid the situation that has arisen under the present renewal provision, in which third parties have bought up contingent future interests as a form of speculation. Section 203(b)(4) would make a further grant of rights that revert under a terminated grant valid "only if it is made after the effective date of the termination." An exception, in the nature of a right of "first refusal," would permit the original grantee or a successor of such grantee to negotiate a new agreement with the persons effecting the termination at any time after the notice of termination has been served. Nothing contained in this section or elsewhere in this legislation is intended to extend the duration of any license, transfer or assignment made for a period of less than thirty-five years. If, for example, an agreement provides an earlier termination date or lesser duration, or if it allows the author the right of cancelling or terminating the agreement under certain circumstances, the duration is governed by the agreement. Likewise, nothing in this section or legislation is intended to change the existing state of the law of contracts concerning the circumstances in which an author may cancel or terminate a license, transfer, or assignment. Section 203(b)(6) provides that, unless and until termination is effected under this section, the grant, "if it does not provide otherwise," continues for the term of copyright. This section means that, if the agreement does not contain provisions specifying its term or duration, and the author has not terminated the agreement under this section, the agreement continues for the term of the copyright, subject to any right of termination under circumstances which may be specified therein. If, however, an agreement does contain provisions governing its duration—for example, a term of fifty years—and the author has not exercised his or her right of termination under the statute, the agreement will continue according to its terms—in this example, for only fifty years. The quoted language is not to be construed as requiring agreements to reserve the right of termination.

Voodoo Magic

^ Thanks S.I.  Unfortunately this doesn't seem to address that gray area of starting a new Predator work - but not finishing it - prior to termination date.

To be honest, the more I read, I'm starting to believe there is no gray area, because that can create a slippery slope. Meaning, what will stop a studio (who's losing a franchise US copyright) from putting a half-dozen movies in development, prior to termination, which all can be argued were started prior to termination date even if their production is staggered.

I'm starting to believe it's either a pre-existing Predator work, or it's not, and this whole case rides on if the Judge rules the first two termination notices are invalid due to errors.

Proteus

Quote from: Voodoo Magic on Apr 29, 2021, 12:45:12 PM
^ Thanks S.I.  Unfortunately this doesn't seem to address that gray area of starting a new Predator work - but not finishing it - prior to termination date.

To be honest, the more I read, I'm starting to believe there is no gray area, because that can create a slippery slope. Meaning, what will stop a studio (who's losing a franchise US copyright) from putting a half-dozen movies in development, prior to termination, which all can be argued were started prior to termination date even if their production is staggered.

I'm starting to believe it's either a pre-existing Predator work, or it's not, and this whole case rides on if the Judge rules the first two termination notices are invalid due to errors.

Honestly, the more time goes by the less confident I feel about SKULLS continuing production.

Stitch

Quote from: Voodoo Magic on Apr 29, 2021, 12:45:12 PM
^ Thanks S.I.  Unfortunately this doesn't seem to address that gray area of starting a new Predator work - but not finishing it - prior to termination date.

To be honest, the more I read, I'm starting to believe there is no gray area, because that can create a slippery slope. Meaning, what will stop a studio (who's losing a franchise US copyright) from putting a half-dozen movies in development, prior to termination, which all can be argued were started prior to termination date even if their production is staggered.

I'm starting to believe it's either a pre-existing Predator work, or it's not, and this whole case rides on if the Judge rules the first two termination notices are invalid due to errors.
I would imagine that since significant work has already gone into Skulls (casting, location scouting, etc), that it might be counted as a work which has begun production prior to the date.

If something had been announced but no work had been started, then that might be different, but I would guess Skulls will be OK. Maybe.

SiL

A film isn't a film until it's completed, legally speaking. A script is not a movie. Raw footage isn't a movie. Since the movie isn't in the can, it wouldn't count as an existing exploitation.

That said, the trick or being a lawyer isn't knowing the law, but how to interpret and apply it. But setting a precedent that a work in progress is legally the same as a completed work would cause so many problems for film contracts, rights, etc and I don't think Disney wants to go down that road

Stitch

Quote from: SiL on Apr 29, 2021, 08:49:05 PM
A film isn't a film until it's completed, legally speaking. A script is not a movie. Raw footage isn't a movie. Since the movie isn't in the can, it wouldn't count as an existing exploitation.

That said, the trick or being a lawyer isn't knowing the law, but how to interpret and apply it. But setting a precedent that a work in progress is legally the same as a completed work would cause so many problems for film contracts, rights, etc and I don't think Disney wants to go down that road
Hmm, I (am obviously not a lawyer, but) interpreted what I'd read as that no new works could be started without the consent of the Thomas brothers (subject to whenever they regain the rights), not that the work had to be completed prior to them regaining the rights.

I could be totally wrong, but since Disney had been informed of the Thomas bros' intentions beforehand, and obviously knew that they would lose the rights at some point, I figure they only let it get this far along because they knew they'd be able to finish it. Clearly they're fighting it, legally, as Disney always does, but from a money making position, it doesn't make sense to start something that you can't finish.

SiL

SiL

#509
They can only sell existing exploitations. The film doesn't exist yet, so they can't finish making it if the rights revert. That would be exploiting the license after it's expired.

They only acknowledged it in January; it's possible, if unlikely, that the notice was forgotten in the shuffle.

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