Here we'll explore the nexus of legal rulings, Capitol Hill
policy-making, technical standards development, and technological
innovation that creates -- and will recreate -- the networked world as we
know it. Among the topics we'll touch on: intellectual property
conflicts, technical architecture and innovation, the evolution of
copyright, private vs. public interests in Net policy-making, lobbying
and the law, and more.
Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.
Near as I can make out, Peter Jackson was expected to make a movie of The Hobbit for New Line Cinema. No big surprise there - he made a kajillion dollars (about USD 3 billion, from public reports of the global box office take) doing fabulous movies of the three Lord of the Rings books. He is particularly beloved by many fans who felt it only natural he be brought back to direct The Hobbit, a prequel to the LOTR story. So far, so good.
So what does all this have to do with IP? Well, it turns out that New Line don't actually own the rights to make these films. Those rights are held by an entity called "Tolkein Enterprises", a company formed in 1976 by producer Saul Zaentz. That company leased the rights to New Line, and lookee lookee, that lease runs out in less than a year.
This may matter because Zaentz himself is a Peter Jackson fan. Some weeks before this all erupted he gave an interview in which he is quoted as saying that The Hobbit "... will definitely be shot by Peter Jackson." Although he hasn't commented recently, fans are interpreting his remarks to mean that he would not be willing to re-lease the rights to New Line if Jackson was not involved. My guess is that the contract probably has some clause that says the rights will auto-renew if the movie is in production.
So this is how the dominos fall: New Line is under pressure to start production on the movie due to rights, but doesn't want to settle quickly with Jackson on the merchandising suit. So they'll probably start production with another director and piss off 80% of their fan base.
The thing that smells so bad about this to me is that Jackson himself is the leak about the dispute. He's trying to manipulate the public into being mad about what New Line is doing, but how else are they supposed to react? I have no idea what the FOTR contract looks like, but let's just pretend, for the sake of argument, that New Line is completely in the right and Jackson is trying to squeeze more money out of NL. If that were the case (as I'm sure NL sees it), then NL's looking for a new director makes sense, and Jackson's leak is just a bit of fan-base manipulation. I'm not saying it's that clear-cut, but I don't think either party is blameless. You're right, NL are acting like idiots, but Jackson may be too.
I agree that Jackson is a shrewd businessman and he's definitely using the fan base. On the other hand, he's also a passionate artist who (from all accounts) cares about this body of work. He wouldn't have the fan following he does if he had done a crap job with the first movies. So he has some justification as well.
1. Iason on November 27, 2006 6:34 PM writes...
The thing that smells so bad about this to me is that Jackson himself is the leak about the dispute. He's trying to manipulate the public into being mad about what New Line is doing, but how else are they supposed to react? I have no idea what the FOTR contract looks like, but let's just pretend, for the sake of argument, that New Line is completely in the right and Jackson is trying to squeeze more money out of NL. If that were the case (as I'm sure NL sees it), then NL's looking for a new director makes sense, and Jackson's leak is just a bit of fan-base manipulation. I'm not saying it's that clear-cut, but I don't think either party is blameless. You're right, NL are acting like idiots, but Jackson may be too.
Permalink to Comment2. drwex on December 4, 2006 9:09 AM writes...
I agree that Jackson is a shrewd businessman and he's definitely using the fan base. On the other hand, he's also a passionate artist who (from all accounts) cares about this body of work. He wouldn't have the fan following he does if he had done a crap job with the first movies. So he has some justification as well.
Permalink to Comment