Could the Siegel Lawsuit Delay SUPERMAN Sequels?

Could the Big Red "S" be on the shelf due to a high-profile lawsuit? And does this mean good things for The Big Red Cheese?

In a recent press junket, Get Smart director Peter Segal was asked by AMC's SciFi Scanner blog about his upcoming Billy Batson and the Legend of Shazam, which adapts DC's Captain Marvel the screen. Segal's response raised a red flag for many comics fans.

Here is the back and forth about the comic book adaptation:

Q: You're working on an adaptation of Billy Batson and the Legend of Shazam. Why depart from comedy?

A: I think superheroes are heroes with flaws, and in their flaws, there is a sense of humor. A few people have asked me if I'm trying turn the film into a light comedy, and I'm saying absolutely not. However, real fans of Shazam know there's a great sense of humor just in the fact that a 13-year-old boy morphs into a 28-year-old superstud, Captain Marvel. There's almost a genre for movies like that - Big, 13 Going On 30 -- but they're all following in the footsteps of Shazam.

Q: There are a lot of similarities between this property and Superman. In fact, DC successfully sued for infringement in the '40s. Do you worry people will continue to connect the two?

A: I'll name two incredibly successful comics right now that are about a millionaire who wants to fight crime and uses technology to build suits and gadgets to help him do so. But quite frankly, I was concerned: Superman literally squashed Captain Marvel in the '40s. There are a lot of Captain Marvel fans who are saying he got a raw deal. And since there seems to be some legal trouble in ever bringing another Superman to the screen, now feels like the right time.

The legal trouble that Segal refers to could be the ongoing lawsuit by the heirs of Jerry Siegel over the rights to the Superman character. Earlier this year, a Federal District Court in California awarded the Siegel family a share in the copyright of the Superman story in Action Comics #1. Legal theorists, both armchair and scholarly, ponder what this judgment could mean to rights to the Superman character, and if the Siegels are due any money from any film adaptation. This could certainly delay any sequel until this matter is settled once and for all.

If this lawsuit is putting a hold on the sequel to Superman Returns, someone forgot to tell its star, Brandon Routh. In an interview with Comingsoon.net, Routh stated he expects to be back in the cape and boots soon:

CS: Do you have any expectation as to when you might go to work on "Man of Steel"?
Routh: I expect that we'll be working early next year. I know that Bryan [Singer] has pretty much finished out "Valkyrie" and is back in the states and is zeroing in on the story that he wants to tell. Once that arrives it's going to move pretty quickly. I think that everybody is getting excited. It's been three years now, really. It's hard to believe that it's been long, but everyone is getting jazzed and ready to go again. I certainly am.

The Superman Returns sequel, tentatively titled Superman: The Man of Steel, has been delayed from a proposed Summer 2009 release date by the project losing its writers, Michael Dougherty and Dan Harris, and further complicated by the Writer's Guild Strike of earlier this year.

So, could the Siegel lawsuit mean that it will be 19 more years before we get another Superman sequel? Or will shooting really begin in early 2009 like Routh claims. Either way, it looks like Captain Marvel is ready to step in and hold Supes place on the movie screens until this is all settled.

Another BORAT Lawsuit Dismissed

Chalk up another in the win column for the Twentieth Century Fox lawyers tasked with defending the studio from the numerous lawsuits that have cropped up by folks who have found unusual stardom by appearing in Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan.

A New York federal judge dismissed a lawsuit filed by a man seen running away from Borat star Sacha Baron Cohen on Wednesday. The man, Jeffrey Lemerond, appeared briefly in the film’s trailer and in a 13-second segment in which he fled up a sidewalk screaming after Baron Cohen approached him in his Borat character asking for a hug. He claims that the filmmakers unlawfully used his image in the film, even though his face was obscured by pixelation.

U. S. District Judge Loretta Preska tossed the suit out, ruling that the film was protected because it fell under the rather large umbrella of being "newsworthy" and therefore exempt from being sued.

[Although the film] employs as its chief medium a brand of humor that appeals to the most childish and vulgar in its viewers… [It] challenges its viewers to confront, not only the bizarre and offensive Borat character himself, but the equally bizarre and offensive reactions he elicits from 'average' Americans.

Lemerond’s attorney feels he knows better than Judge Preska, and plans to appeal the decision. "We think New York law is clear that a corporation like Twentieth Century Fox is not entitled to pluck an otherwise anonymous citizen out of a crowd and subject him to public humiliation in order to make a buck," he said.

Judge Preska’s decision noted that the content of the film itself was the sole consideration in the decision, not whether Twentieth Century Fox intended to make a profit with it.

I have to wonder about the plaintiff, though. He barely appears in the film and when he is seen, his face is pixilated, making him unrecognizable. I’m not sure how he can claim that he is being held up to ridicule when no one make out who he is. In fact, he’s far more visible to the public eye now that he has identified himself as the man from that scene, thrusting himself into the public spotlight with this lawsuit.

Mr. Lemerond, if you’re reading this, and since you strike me as someone who may just spend a lot of their time Googling their own name I think you are, let it go. The only harm being done to you is by yourself, as you stand up and loudly draw attention to yourself. Or is that what you really want? I don’t want to engage in armchair psychology here, but a high-profile lawsuit with an attorney who vows to keep fighting certainly doesn’t make you look like a man who just wants to be left alone.

Via Reuters.

It's Official! Jackson To Produce Two New HOBBIT films!

Christmas just landed early for fans of JRR Tolkien's Lord Of The Rings and of director Peter Jackson's film adaptations of those books.

Jackson and New Line Cinema have finally settled their differences and announced today that they will be producing, in conjunction with MGM Studios, two new films based on Tolkien's The Hobbit and other material which will serve as a prequel to Jackson's fantasy trilogy.

A press statement released earlier today confirmed what many had felt would be the plan if the project ever got off the ground. The first of the two films will adapt Tolkien's Hobbit while the second film will be drawn from numerous notes about the story's Middle Earth setting and will serve as a bridge between The Hobbit film and the Lord Of The Rings trilogy. Pre-production is expected to begin almost immediately, with a tentative 2009 start date for filming. Both films will be shot simultaneously, with The Hobbit hitting screens in 2010 and the second film a year later.

The press release does not confirm, however, a previous report that the two films might be shot in 3D.

While Jackson is set to produce, there has been no word has been said as to who may actually write and direct the films. Surely the first choice of everyone involved would be to have Jackson himself helm the pictures. However, his plate is a bit full right now. Location shooting for his current film The Lovely Bones has just wrapped this past Friday in Philadelphia and is scheduled to resume in the new year at his home studio in New Zealand. Also, Jackson is set to direct one of the three animated Tin Tin films he is currently developing with Steven Spielberg. Will he have both of these projects out of the way in time for a 2009 production start for these two films? Will his work on Lovely Bones and Tin Tin keep him from co-writing the screenplay?

The complete text of the press release is as follows-

PETER JACKSON AND NEW LINE CINEMA JOIN WITH MGM TO PRODUCE "THE HOBBIT"
December 18, 2007

ACADEMY AWARD-WINNER PETER JACKSON AND NEW LINE CINEMA JOIN WITH MGM TO PRODUCE "THE HOBBIT," EAGERLY-ANTICIPATED FANTASY ADVENTURE EPIC

NEW LINE AND MGM TO CO-PRODUCE AND SHARE WORLDWIDE
DISTRIBUTION RIGHTS

PETER JACKSON AND FRAN WALSH TO EXECUTIVE PRODUCE
TWO FILMS BASED ON "THE HOBBIT"

Los Angeles, CA (Tuesday, December 18, 2007) Academy Award-winning filmmaker Peter Jackson; Harry Sloan, Chairman and CEO, Metro-Goldwyn-Mayer Studios Inc. (MGM); Bob Shaye and Michael Lynne, Co-Chairmen and Co-CEOs of New Line Cinema have jointly announced today that they have entered into the following series of agreements:

* MGM and New Line will co-finance and co-distribute two films, The Hobbit and a sequel to The Hobbit. New Line will distribute in North America and MGM will distribute internationally.

* Peter Jackson and Fran Walsh will serve as Executive Producers of two films based on The Hobbit. New Line will manage the production of the films, which will be shot simultaneously.

* Peter Jackson and New Line have settled all litigation relating to the Lord of the Rings (LOTR) Trilogy.

Said Peter Jackson, "I’m very pleased that we've been able to put our differences behind us, so that we may begin a new chapter with our old friends at New Line. The Lord of the Rings is a legacy we proudly share with Bob and Michael, and together, we share that legacy with millions of loyal fans all over the world. We are delighted to continue our journey through Middle Earth. I also want to thank Harry Sloan and our new friends at MGM for helping us find the common ground necessary to continue that journey."

"Peter Jackson has proven himself as the filmmaker who can bring the extraordinary imagination of Tolkien to life and we full heartedly agree with the fans worldwide who know he should be making The Hobbit," said Sloan, MGM’s Chairman and CEO. "Now that we are all in agreement on The Hobbit, we can focus on assembling the production team that will capture this phenomenal tale on film."

Bob Shaye, New Line Co-Chairman and Co-CEO comments, "We are very pleased we have been able to resolve our differences, and that Peter and Fran will be actively and creatively involved with The Hobbit movies. We know they will bring the same passion, care and talent to these films that they so ably accomplished with The Lord of the Rings Trilogy."

"Peter is a visionary filmmaker, and he broke new ground with The Lord of the Rings," notes Michael Lynne, New Line Co-Chairman and Co-CEO. "We’re delighted he’s back for The Hobbit films and that the Tolkien saga will continue with his imprint. We greatly appreciate the efforts of Harry Sloan, who has been instrumental in helping us reach our new accord."

The two Hobbit films – The Hobbit and its sequel – are scheduled to be shot simultaneously, with pre-production beginning as soon as possible. Principal photography is tentatively set for a 2009 start, with the intention of The Hobbit release slated for 2010 and its sequel the following year, in 2011.

The Oscar-winning, critically-acclaimed LOTR Trilogy grossed nearly $3 billion worldwide at the box-office. In 2003, Return of the King swept the Academy Awards, winning all of the eleven categories in which it was nominated, including Best Picture – the first ever Best Picture win for a fantasy film. The Trilogy's production was also unprecedented at the time.

For more information about The Hobbit films, please visit http://www.thehobbitblog.com/.

About New Line Cinema
Corporation:Celebrating its 40th anniversary year, New Line Cinema is the most successful independent film company in the world. Its mission is to produce innovative, popular and profitable entertainment in the best creative environment. In addition to the production, marketing and distribution of theatrical motion pictures, the fully-integrated studio has divisions devoted to home entertainment, television, music, theater, merchandising and an international unit. In 2005, New Line partnered with HBO to form Picturehouse, a new theatrical distribution company to release independent films. A pioneer in franchise filmmaking, New Line's Oscar-winning The Lord of the Rings trilogy is one of the most successful film franchises in history. New Line is a division of Time Warner, Inc. (TWX).

About Metro-Goldwyn-Mayer
Inc.:Metro-Goldwyn-Mayer Inc., through its operating subsidiaries, is actively engaged in the worldwide production and distribution of motion pictures, television programming, home video, interactive media, music and licensed merchandise. The company owns the world’s largest library of modern films, comprising around 4,100 titles. Operating units include Metro-Goldwyn-Mayer Studios Inc., Metro-Goldwyn-Mayer Pictures Inc., United Artists Films Inc., Ventanazul, MGM Television Entertainment Inc., MGM Networks Inc., MGM Domestic Networks LLC, MGM Distribution Co, MGM International Television Distribution In, Metro-Goldwyn-Mayer Home Entertainment LLC, MGM ON STAGE, MGM Music, MGM Worldwide Digital Media, MGM Consumer Products and MGM Interactive. In addition, MGM has ownership interests in international TV channels reaching nearly 120 countries. MGM ownership is as follows: Providence Equity Partners (29%), TPG (21%), Sony Corporation of America (20%), Comcast (20%), DLJ Merchant Banking Partners (7%) and Quadrangle Group (3%). For more information, visit http://www.mgm.com/.

About Peter Jackson/Wingnut Films:Peter Jackson is one of the world’s most successful filmmakers. His monumental achievement co-writing, co-producing and directing The Lord of the Rings trilogy (with fellow Academy Award winners and frequent collaborators Fran Walsh and Philippa Boyens) earned a total of 30 Academy Award nominations and 17 Academy Awards. Jackson and Walsh received their first Oscar nomination for Best Original Screenplay for their acclaimed film Heavenly Creatures. Jackson, through his New Zealand-based Wingnut Films banner, also was responsible for the globally successful 2005 remake of King Kong which earned over $500 million worldwide and 3 Academy Awards. Currently, Jackson is directing an adaptation of The Lovely Bones, from the acclaimed best-selling novel by Alice Sebold. He is also developing a trilogy of films with Steven Spielberg based on Tintin, the world renowned comic book series by Herge.

Via The Hobbit Blog

Late Entry In The BORAT Lawsuit Derby

Although more than a year has passed since it first hit theaters and became the surprise comedy hit of the season, Borat: Cultural Learnings Of America For Make Benefit Glorious Nation Of Kazakhstan has attracted yet another lawsuit.

This time driving instructor Michael Psenicska is claiming he was duped by the production, stating he was told they were making a "documentary about the integration of foreign people into the American way of life" according to a report from Reuters. The lawsuit was filed in Manhattan federal court and names British comedian Sacha Baron Cohen, who plays the title role, One America Productions and Twentieth Century Fox Film Corp., a unit of News Corp. and Todd Lewis, a representative of One America, as defendants.

Psenicska stated he was paid $500 to give Baron Cohen's obnoxious and oblivious reporter character Borat a driving lesson, during which Borat swerved crazily, drank and tried to proposition passing female motorists for "sexy time." The lawsuit seeks $400,000 in actual damages and additional punitive damages for misleading Psenicska and for alleged emotional harm he continues to suffer.

This marks the fifth time that a lawsuit has been filed against the movie, Baron Cohen and Twentieth Century Fox.

Pickford Oscar Trial Location Set

A Los Angeles Superior Court judge has tentatively ruled that a lawsuit filed to halt the sale of one of two Academy Award statuettes originally awarded to silent film star Mary Pickford should be tried in Riverside County, California, home of one of Pickford's heirs.

The Academy of Motion Picture Arts and Sciences contends that it has the right, as per an Academy bylaw enacted in 1950, to buy back any Academy Award statuette for the nominal sum of $10.00 and has filed an injunction against the estate of Beverly Lorraine Rogers, the late second wife of Pickford's husband Buddy Rogers, to prevent its three co-executors from selling the statuettes to anyone.

Kim Boyer, niece of Beverly Rogers and one of the three co-executors of the estate claims that the Oscar they wish to sell is the one Pickford received for her work on the 1930 film Coquette and is therefore not subject to the Academy's restriction. The Academy claims that when Pickford was given a second, honorary, award in 1976, the agreement she signed that retroactively included her 1930 statuette.

Rogers, who passed away in 1999, was previously married to Pickford for 41 years until her death in 1979. Rogers received the Jean Hersholt Humanitarian Award from the Academy in 1986. Pickford won the Best Actress Oscar in 1930 for Coquette.

Previously- Academy Attempts To Block Sale Of Oscar

Via Hollywood Reporter