Jim and John Thomas say Disney’s hold on the franchise is ending this week. Disney becomes a defendant in copyright termination for the first time.
Jim and John Thomas, the brothers who wrote the 1987 action movie Predator, have filed a lawsuit to obtain confirmation of the successful recapture of rights to the franchise. In federal court in California, the two say Disney – which now owns 20th Century Fox – is in the way.
The Thomas brothers are trying to take advantage of the copyright law’s termination provision, which allows authors to cancel transfers after a period of time, usually 35 years for newer works. Given the time frame, studios are faced with the prospect of losing the franchise rights to many iconic works from the 1980s.
Predator starred Arnold Schwarzenegger and spawned three sequels plus the spin-off film series, Alien against predatorDisney has reportedly been eyeing a reboot 10 Cloverfield Lane director Dan Trachtenberg at the helm.
Such Disney plans may face an obstacle in the form of termination. According to the complaint, the effective termination date for their screenplay (originally titled “Hunters”) is April 17, next Saturday.
Jim and John Thomas say they filed for a resignation in 2016 – and have heard no objection for four and a half years.
As stated in the complaint: “Subsequently, defendants ‘counsel unexpectedly contacted plaintiffs’ counsel in early January 2021, contesting the notice of termination as allegedly premature, based on a theory that the grant of the 1986 scenario underlying them Predator movies reportedly eligible for the special delayed termination time window in 17 USC § 203 (a) (3), intended for “book publishing” grants. “
In response, the Thomas brothers say they have submitted alternative cancellation notices with later effective termination dates.
“ On March 25, 2021, several defendants ‘counsel filed a second’ counter-notice ‘against plaintiffs, reiterating the defendants’ alleged objection to the termination notice and adding an assortment of additional alleged arguments regarding the alternative notices. , the copyright termination right of the Copyright Act ”, the complaint continues.
The Thomas brothers are now looking for declaratory relief. They are represented by Marc Toberoff, who has been somewhat of a specialist in copyright ending and in particular the Friday the 13th writer in a judicial victory (pending appeal).