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It’s been a long time since Predator graced screens and launched a longstanding franchise that made millions for the studio. Now, the original writers, Jim and John Thomas, want the rights back from Disney to the creation that has become a classic amongst movie fans worldwide.
Why are Jim and John Thomas seeking rights to the Predator franchise?
In a story released by the Hollywood Reporter, The Thomas Brothers are looking to take advantage of the copyright law’s termination provision, allowing authors to cancel transfers after waiting for a certain period.
In most cases, it is typically 35 years for newer work. This phenomenon is not isolated as studios could lose franchise rights to some of their prime properties, especially those created in the 1980s.
The rights originally belonged to 20th Century Fox, a.k.a. 20th Century Studios, Inc., now a subsidiary of Walt Disney Studios.
In the brother’s complaint, their original screenplay’s (initially titled “Hunters”) ‘termination date’ is April 17th. They maintain that they served notice back in 2016, and they have heard no objection until now.
As stated in their complaint:
“Then, in early January 2021, Defendants’ counsel unexpectedly contacted Plaintiffs’ 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.”
The brothers responded with alternative notices of termination with later effective termination dates. As soon as they filed, Disney’s 20th Century division responded.
“While federal statutory copyright law endows certain grantors, like defendants [the Thomas brothers], with copyright termination rights, such rights may only be exercised in accordance with the statute’s requirements, including provisions delineating when termination notices may be served and when the termination of rights becomes effective. Defendants’ notices fail to comply with these statutory requirements and are invalid as a matter of law.”
Marc Toberoff represents the Thomas Brothers, while O’Melveny litigator Daniel Petrocelli is representing Disney’s 20th Century.
It’ll be interesting to see how this Predator battle rages on. The movie was a starring vehicle for Arnold Schwarzenegger and spawned multiple films and crossed over with the Aliens franchise.
The studio is planning a Predator reboot in the near future. But will this put a stop to their plans? Only time will tell.
