A string of copyright termination notices in the past year could mean that certain movie studios lose the exclusive rights to popular '80s franchises like Terminator, Die Hard, Predator, and more.
It?s all part of a legal trend with roots from back when these major franchises were finding their footing. As The Hollywood Reporter writes, Congress amended intellectual copyright law in the late 1970?s to allow creators to grab the IP back from studios after a few decades. After 35 years, termination notices can be served up to their controlling parties.
With the first Terminator movie releasing in 1984, 33 years ago this month, that means that Skydance Media could lose the rights to make any more Terminator movies after November 2020. Gale Ann Hurd, the original?s writer, has moved to terminate the copyright grant that was made 35 years ago, according to THR.
Skydance Media, owned by David Ellison, acquired the Terminator franchise from sister Megan Ellison in 2011 for $20 million. Skydance Media is responsible for producing the ill-received Terminator: Genisys and the upcoming Terminator: Dark Fate.
Records show that the Terminator franchise is far from the only '80s property that could have its copyright returned to its original authors. Writer Gary K. Wolf is looking to take the rights to Who Framed Roger Rabbit back from Disney. The heirs to the late Beetlejuice writer Malcom McDowell have similarly played their hand.
The Nothing Lasts Forever (aka Die Hard), Predator, Nightmare on Elm Street, and Friday the 13th franchises are all experiencing a similar legal situation, with their respective authors looking into regaining or renegotiating rights.
So what does this mean for us, the average film lovers?
One option is that studios could attempt to produce one final entry in their respective franchises before rights are reverted back to the original authors. This was Paramount?s general idea when it released 2019?s Pet Semetary remake, as author Stephen King issued his own termination notice.
?Since the author has to give at least two years notice of the termination, that gives the studios two years notice that it?s ?use it or lose it,?? entertainment attorney Larry Zerner told THR. ?Even if Paramount was on the fence about a remake, once the termination went into effect, it would be out of their hands or they would have to pay a much larger fee.?
Lawyers like Marc Toberoff are beginning to pick up clients like Friday the 13th screenwriter Victor Miller, and Toberoff tells THR that the threat of a termination notice will lead a studio to at least sit down for a discussion.
Terminator?s Hurd could be one of the more successful examples. A source speaking to THR says that Hurd will have a 50-50 ownership split with James Cameron, who is also returning to produce Skydance?s Terminator: Dark Fate. If Skydance wants to make and finish another Terminator movie before November 2020, they?ll have to strike a new deal with Hurd and Cameron.
It's also worth noting that James Cameron has also stated that he views Dark Fate as the beginning of a potential new trilogy of Terminator films. How that might play into Cameron's intentions with a copyright shift is yet to be seen.
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