Movie News

Studios battle over the rights to The Crow

Studios battle over the rights to The Crow
Caffeinated Clint


”A building gets torched, all that is left is ashes. I used to think that was true about everything, families, friends, feelings. But now I know, that sometimes if love proves real, two people who are meant to be together, nothing can keep them apart.”

… well, maybe one thing Sarah : Bob and Harvey.

Big news from the world of entertainment – and, er, ‘Court Weekly’ – with The Weinstein Company suing Relativity Media over distribution rights to the upcoming remake of “The Crow”.

The Weinstein’s say they had the right to release the film, which will be directed by Juan Carlos Fresnadillo with Bradley Cooper in talks to play Eric Draven, but Relativity’s Ryan Kavanaugh purposely overlooked that stipulation in their original agreement.

The Hollywood Reporter got their hands on the letter that Relativity sent back to the Weinstein’s, responding to their claim :

Dear Mr. Fields:

As we have informed you, the project for which you are demanding representations from Relativity is not even in production. Relativity has no obligation whatsoever to produce or distribute The Crow, and certainly has no obligation to assure TWC of anything. Relativity will waste no further time engaging in a hypothetical dialogue with you about a potential dispute that may or may not arise in the future.

In addition to being premature, your letter smacks of delusion as it ignores TWCs multiple breaches of the parties March 25, 2009 agreement (Termination Agreement). TWC openly and undisputedly failed to meet its financial obligations relating to Nine and failed to meet the contractual minimum marketing spend and contractual minimum screens for that film. As TWC is well aware, its wrongful conduct led to serious financial and other damage to Relativity. On top of such breaches, your client has failed to make payments due to Relativity and to provide the required accounting statements. It takes gall for your client to make demands upon Relativity about The Crow, which has not even been greenlit, when TWCs failure to properly distribute Nine demonstrated that it will disregard and breach any and all of its distribution, marketing and financial obligations. If any party is entitled to seek legal remedies it is Relativity.

Further, your continued bluster about filing a lawsuit in an effort to force Relativity to distribute a nonexistent film through TWC is not only absurd, it is a blatant threat to breach the dispute resolution provision of the Termination Agreement. The Termination Agreement does not permit claims for injunctive relief to be brought in court. To the contrary, the Termination Agreement provides that [a]ny and all controversies, claims or disputes arising out of or relating to this Agreement shall be resolved exclusively in one or more confidential arbitration proceedings in accordance with the procedures set forth in the NDA. (§ 15 (emphasis added).) The arbitration procedures in the NDA are found at Section 5.2, which sets forth the arbitration forum, rules, and appeal process. Your erroneous claim that TWC can bring a lawsuit arising out of the Termination Agreement is presumably based upon a misapplication of Section 5.1 of the NDA, which permits claims for injunctive relief arising out of an alleged breach of [the NDA] to be brought in court. As you know, the NDA has been terminated and TWC does not and cannot claim that Relativity is breaching or will breach the NDA. There is no good faith reading of these agreements which would permit TWC to file a lawsuit in court for a dispute arising under the Termination Agreement. As such, any claim brought by TWC in court will immediately be met with a motion for dismissal and sanctions. Your client is forewarned and proceeds at its own peril.

Nothing in this letter is intended to waive any rights or claims Relativity may have against TWC, and Relativity expressly reserves all such rights and claims.

Regards,
Carol Genis

Share this story!Share on FacebookShare on TumblrShare on StumbleUponTweet about this on TwitterEmail this to someoneShare on Google+Pin on PinterestDigg thisBuffer this pagePrint this pageShare on LinkedIn
(Visited 2 times, 2 visits today)
Click to add a comment

You must be logged in to post a comment Login

Leave a Reply

Movie News
Caffeinated Clint
@http://www.twitter.com/clintmoviehole

Clint is the creator, editor and maintainer of Moviehole.

More in Movie News

tomorrowland-brit-small

‘Tomorrowland’ Review

Lisa CarrollMay 26, 2015
alexandradaddario

San Andreas set visit : Interview with Alexandra Daddario

Phil WeidnerMay 26, 2015
carlagugino

San Andreas set visit : Interview with Carla Gugino

Phil WeidnerMay 26, 2015
dwayne_johnson_san_andreas-wide

San Andreas set visit : Interview with Dwayne Johnson

Phil WeidnerMay 26, 2015
knock-knock-keanu-reeves-ana-de-armas

Trailer: Knock Knock

Ashleigh DaviesMay 26, 2015
Max-Greenfield

Max Greenfield checks into American Horror Story: Hotel

Ashleigh DaviesMay 26, 2015
legends-of-tomorrow-f563c

Caity Lotz talks Sara’s return for Legends of Tomorrow

Caffeinated ClintMay 26, 2015
the-martian-03

Damon’s back in more pics from The Martian

Ashleigh DaviesMay 26, 2015
jurassic-world-poster2

An ‘inside look’ at Jurassic World

Editorial StaffMay 26, 2015