The Weinstein Company Crow-ing over Distribution Rights.

Posted on April 28, 2011 by Tom Patterson

By: Jay Lewis

 

Hollywood has lost the ability and/or the willingness to foster new ideas.  Instead, millions of dollars are invested in remaking prior films —especially superhero movies. (Batman, Spider-man, X-men).  Even lesser known superheroes are getting a reboot. (Thor, Green Lantern, Green Hornet). One production company, Relativity Media, Inc. (“Relativity”), plans to remake a middling 1994 superhero film called The Crow.  The original film gained notoriety after its lead, Brandon Lee, was accidentally shot and killed on the set, and the film has since developed a cult-like following.  

With half-baked reboots easily grossing over $50 million in U.S. theaters, it is common for distribution companies to compete for sole rights to distribute these films both in the States and internationally.  The Weinstein Company (“TWC”) is a film production and distribution company that has recently produced or distributed highly acclaimed films such as The Fighter and King’s Speech.  However, TWC lacks a portfolio of the higher grossing action features that the industry covets.  For them, rights to distribute The Crow, which already has a built-in fan base, could prove lucrative.

On April 20, 2011, TWC filed for Injunctive Relief against Relativity.  See Complaint here.  TWC alleges that it entered a contract with Relativity on March 25, 2009 (“Contract”) wherein TWC was granted exclusive distribution for any and all remakes, sequels, and prequels to The Crow.  TWC further alleges that Relativity plans on selling those distribution rights to other companies in breach of the Contract.  I have not yet read the Contract but I have read a letter from Carol Genis of K&L Gates on behalf of Relativity.  Ms. Genis alleges that TWC has already breached the Contract or as she refers to it, the Termination Agreement.  She goes on to discuss the “NDA” but never defines it. She states the NDA sets forth in great detail that all disputes shall be arbitrated.  However, she later states that the NDA is terminated and therefore Relativity is not bound by it. See the letter here.

Part II will be posted tomorrow.

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