Jim and John Thomas, the screenwriters behind 1987's Predator and 1990's Predator 2, are suing The Walt Disney Company as part of their bid to reclaim the rights to the popular action film franchise.
According to The Hollywood Reporter, the Thomas brothers filed a suit "seeking confirmation of successfully recapturing rights to the franchise" in California federal court. The screenwriting duo has an obstacle in their way in the form of Disney, which effectively gained the rights to the Predator franchise following its acquisition of 20th Century Fox back in 2019.
The screenwriters' case cites copyright law's termination provision, which allows authors to cancel transfers after a certain amount of time has passed. For newer works, the waiting period is usually 35 years. The Thomas brothers' complaint -- which demands a jury trial -- says that the effective termination date for their Predator (originally Hunters) screenplay is this Saturday, April 17.
Their complaint also says that they actually filed a termination notice back in 2016, and received no objection until this past January. It reads, "[I]n early January 2021, Defendants' [Disney/20th Century Studios] counsel unexpectedly contacted Plaintiffs' [Thomas brothers] counsel, contesting the Termination Notice as supposedly untimely, based on a theory that the 1986 Grant of the Screenplay underlying their Predator films allegedly qualified for the special, delayed termination time 'window' in 17 U.S.C. § 203(a)(3), intended for 'book publication' grants."
In response to this, the Thomas brothers served alternative notices with later effective termination dates. Then, "[o]n March 25, 2021, different counsel for Defendants served a second 'counter-notice' on Plaintiffs, repeating Defendants' supposed objection regarding the Termination Notice, and adding an assortment of additional purported arguments regarding the Alternate Notices, in an effort to evade the Copyright Act's authorial termination right." Marc Toberoff, who has experience in copyright termination cases, is representing the Thomas brothers, who are now seeking declaratory relief.
All that being said, Deadline now confirms that Disney has filed a lawsuit of its own. "Defendants' [Thomas brothers] notices fail to comply with these statutory requirements and are invalid as a matter of law," Disney's complaint filed by Daniel Petrocelli and O'Melveny & Myers LLP reads. "20th Century seeks a declaration pursuant to 28 U.S.C. § 2201 that defendants' notices of termination are invalid. This action is necessary because defendants are improperly attempting to prematurely terminate 20th Century's rights to the Hunters Screenplay, at the very time that 20th Century is investing substantial time, money, and effort in developing another installment in its successful Predator franchise." Disney's complaint also seeks a jury trial to resolve the matter.
Directed by John McTiernan, written by the Thomas brothers and distributed by 20th Century Fox, the original Predator film starring Arnold Schwarzenegger released in 1987. It was followed by 1990's Predator 2, 2010's Predators and 2018's The Predator. It also crossed over with Fox's Alien franchise for 2004's Alien vs. Predator and 2007's Alien vs. Predator: Requiem. The Predator franchise has been adapted into novels, comic books, video games and more.
Following its acquisition of Fox, Disney is currently planning a fifth mainline Predator film under its 20th Century Studios banner from producer John Davis, with Dan Trachtenberg attached to direct and Patrick Aison penning the script. However, the company's current legal battle with the Thomas brothers could cast doubt on the project. It should also be noted that earlier this month, Disney-owned publisher Marvel Comics unexpectedly postponed its entire slate planned of Predator titles. However, it has not been confirmed whether or not this was a result of the legal battle.
Source: The Hollywood Reporter | Deadline
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