Jim and John Thomas suing Disney to reclaim Predator rights

Started by Kailem, Apr 16, 2021, 12:46:54 AM

Author
Jim and John Thomas suing Disney to reclaim Predator rights (Read 46,485 times)

Lost_Hunter

I'd buy that for a dollar

SiL

Quote from: Voodoo Magic on Apr 20, 2021, 01:05:09 PM

Show me these other paragraphs.
Paragraphs 24-26, Statutory Background.

QuoteNo, you're speculating SiL. It may be a very good speculation, but admit it's honest speculation as well. :)
I've never said I'm not speculating ???

It's just not baseless speculation like people saying they're going to take their toys and leave.

Voodoo Magic

Yeah, statutory background is exactly what it is, statutory background of the 1976 Copyright Act and how it applies here, and gives us no indication of what the Thomas Brothers motives are and what will they do when or if they reclaim the US Copyright back.

It just mentions 24. the chance for Disney to get first dibs of the copyright licensng from the Thomas Brothers before termination date *which passed according to them*, 25. how older works will not be under Thomas control, and 26. this reclaiming doesn't apply overseas but only to the US.


24. Congress anticipated that an author's exercise of his/her termination right would usually result in a new license by the author to the terminated grantee (such as TCFFC). To that end, Congress provided "the original grantee" with the exclusive opportunity to re-license an author's recaptured copyright "after the notice or termination has been served," but before "the effective date of the termination."  Id. § 203(b)(4).  The termination provisions thus reflect a deliberate balance of competing interests.

25. Under the termination provisions, prior "derivative works" "can continue to be" distributed as before.  17 U.S.C. § 203(b)(1).  Plaintiffs' recovery of the U.S. copyright to their Screenplay therefore does not prevent Defendants or their licensees from continuing to exploit prior derivative works, including the original Predator film and TCFFC's five sequel films.

26. In addition, because the Copyright Act has no extra-territorial application, the foreign rights to Plaintiffs' Screenplay remains with TCFFC. As a result, after the effective date of Plaintiffs' termination, new derivative Predator works would simply require a license from Plaintiffs, thereby enabling the authors to fairly participate with others at a level reflective of their work's market value. Accordingly, Plaintiffs' exercise of their copyright termination right does not prevent the exploitation of the Predator franchise; it simply allows its original creators to, at long last, participate in the financial rewards of their creation, just as Congress intended.  H.R. Rep. No. 94-1476, at 124 (1976).

SiL

Yes, exactly what I said - multiple paragraphs throughout the piece outlining the limit of control the law gives and that the primary benefit is renegotiating a license.

I'm not sure what the issue is here?

Proteus

Part of the concerns I've seen on here from people (and I'll gladly lump myself in that group of individuals), is the ceasing of current works. I *think* we mostly understand what the potential of this suit means, but we as a fan base are just anxious about the outcome. At one point we were CERTAIN we were getting new content. A film set to shoot. Comic book lines. Updates on the video game. Because of that once certainty, that's what makes this a little hard to swallow. If none of us knew anything was in the works, we might mostly be in praise of this because now we could feel like the franchise would be revived somewhere. But it wasn't dead yet. Things were coming, even if we did feel a bit apprehensive because of it being under Disney. As a fan, I was feeling EXCITED.

SiL

Yeah, I totally get that. I feel awful for Trachtenberg and his team getting saddled with this right before it starts moving properly.

Absolutely this will throw a spanner in the works and we all hope it's resolved quickly. It's frustrating timing.

I just think it's baseless for some people to be saying that the master plan for the Brothers is to take the rights and torpedo the franchise maliciously. That's all I've been saying.

Proteus

Proteus

#246
Quote from: SiL on Apr 20, 2021, 10:41:39 PM
Yeah, I totally get that. I feel awful for Trachtenberg and his team getting saddled with this right before it starts moving properly.

Absolutely this will throw a spanner in the works and we all hope it's resolved quickly. It's frustrating timing.

I just think it's baseless for some people to be saying that the master plan for the Brothers is to take the rights and torpedo the franchise maliciously. That's all I've been saying.

And you're right. I don't think the brothers have any malicious intent here. Especially to just trash a franchise they created when there's an opportunity to be had to make more money off of it. It absolutely sucks for Trachtenberg. He's a great guy according to friends that have worked with him, and he genuinely sounded passionate about this.

But even if this all goes the brothers' way, we just have to live with the fact that we won't see anything for a few years. And if we do, let's hope it's at home that cherishes it and wants the best out of it.


My feeling, however, is that Skulls is dead. *super sad face emoji*

SiL

I hold out hope it can get sorted faster than that - but it would really on Disney sucking it up, acknowledging their rights, and moving forward  :(

R390-GT1

I hope the judge rules in favor of the Thomas brothers. They made the franchise what it is today. The messed up part is that TCF sold the franchise(and Alien) to Disney in the first place. Maybe there's a silver lining to this, meaning that even though we may have to wait a few years, the Thomas brothers would be able to craft an awesome Predator film in the vein of the first two films in the franchise.

Immortan Jonesy

Quote from: Proteus on Apr 20, 2021, 10:35:37 PM
Part of the concerns I've seen on here from people (and I'll gladly lump myself in that group of individuals), is the ceasing of current works. I *think* we mostly understand what the potential of this suit means, but we as a fan base are just anxious about the outcome. At one point we were CERTAIN we were getting new content. A film set to shoot. Comic book lines. Updates on the video game. Because of that once certainty, that's what makes this a little hard to swallow. If none of us knew anything was in the works, we might mostly be in praise of this because now we could feel like the franchise would be revived somewhere. But it wasn't dead yet. Things were coming, even if we did feel a bit apprehensive because of it being under Disney. As a fan, I was feeling EXCITED.

The irony is that it is partly Disney's fault, for not dealing with this before starting to exploit the franchise.

Quote from: Proteus on Apr 20, 2021, 10:49:15 PM
My feeling, however, is that Skulls is dead. *super sad face emoji*

It was too good to be true, the movie (I don't collect comics) and the Alien series. That last one seems to be safe since it is another IP. But I was really excited about Skulls. Maybe I'm drawing premature conclusions, but it feel it fresh to me: A Predator movie with a less obvious title ala Prometheus, sorry :laugh: , a pre-21st and 20th century setting, no firearms, Native Americans, unknown actors make it feel more real, and an actress to play the lead..sigh :'(

Proteus

Quote from: Immortan Jonesy on Apr 21, 2021, 02:00:15 AM
Quote from: Proteus on Apr 20, 2021, 10:35:37 PM
Part of the concerns I've seen on here from people (and I'll gladly lump myself in that group of individuals), is the ceasing of current works. I *think* we mostly understand what the potential of this suit means, but we as a fan base are just anxious about the outcome. At one point we were CERTAIN we were getting new content. A film set to shoot. Comic book lines. Updates on the video game. Because of that once certainty, that's what makes this a little hard to swallow. If none of us knew anything was in the works, we might mostly be in praise of this because now we could feel like the franchise would be revived somewhere. But it wasn't dead yet. Things were coming, even if we did feel a bit apprehensive because of it being under Disney. As a fan, I was feeling EXCITED.

The irony is that it is partly Disney's fault, for not dealing with this before starting to exploit the franchise.

Quote from: Proteus on Apr 20, 2021, 10:49:15 PM
My feeling, however, is that Skulls is dead. *super sad face emoji*

It was too good to be true, the movie (I don't collect comics) and the Alien series. That last one seems to be safe since it is another IP. But I was really excited about Skulls. Maybe I'm drawing premature conclusions, but it feel it fresh to me: A Predator movie with a less obvious title ala Prometheus, sorry :laugh: , a pre-21st and 20th century setting, no firearms, Native Americans, unknown actors make it feel more real, and an actress to play the lead..sigh :'(

Jonesy, I completely agree. This is why I was all for this film. Just felt... fresh. Really give some unknowns an opportunity. Could have been special to see. I'm still holding out for a little hope. One screenwriter friend gave me a tiny sliver by saying, and I quote, "The Evil Disney Lawyers are just wretched enough that they'll find a way to win this." Normally, I don't root for the real life bad guys, but in this instance I am because I WANT SKULLS D*MMIT!

Drukathi

Yeah-yeah. On a bad guys side.

Maybe then it is worth stopping whining in Marvel Comic Alien topic about tracing, photo-editing and other nonsense? Accept what Marvel does and buy a wonderful comic without whining.

SiL

Who here is whining about the tracing there, but hoping for Disney to win here ... ?

BlueMarsalis79

Quote from: Drukathi on Apr 21, 2021, 06:06:30 AM
Yeah-yeah. On a bad guys side.

Maybe then it is worth stopping whining in Marvel Comic Alien topic about tracing, photo-editing and other nonsense? Accept what Marvel does and buy a wonderful comic without whining.

What the... actual f**k are you talking about?

Proteus

Proteus

#254
Well that went off the rails. Lol


Well, if the lawsuit is settled in which SKULLS is allowed to proceed, then I'll get my first tattoo ever. I'd say let's hold a competition on what I should get, but I don't trust you all. 🤣

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