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My Gravity lawsuit and how it affects every writer who sells to Hollywood

tessgerritsen.com

101–110 of 130 posts

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#101
post #99

Earlier quoted context omitted.

> "Starship Troopers" was, as I like to repeat a quip, "based on the back cover of a novel by Robert Heinlein". ST was actually written as a script completely unrelated to the book, and the rights to the book later purchased and superficial changes (character names, etc.) made to align with the book.

Uh? The story is not the same, but the whole universe and political system are exactly the ones of the book, they just basically removed the mech-armors stuff.

The original script was called "Bug Hunt at Outpost Nine". It's possible that the writing team was influenced by the book, but there's no clear indication of that, and in fact the claim is that they were not really aware of the book until well into the process.

The universe and political system are depicted the way those critical of Heinlein likes to depict them, but largely because Verhoeven decided to make a "perfect fascist world" to satirise and criticise it, and Heinlein is often criticised for militarist viewpoints close to fascism.

The absence of the mech-armors stuff reflects this: He's mimicked nazism (the opening has shot-for-shop parallels to a scene from Riefenstahls "Triump of the Will"; the uniforms are modelled on the Gestapo; the architecture is modelled on Speer; the weapons are WWII inspired; the newsreel clips are mimicking WWII era propaganda movies) as he saw it growing up in nazi-occupied Netherlands.

Verhoeven is quoted as saying this about the book:

> I stopped after two chapters because it was so boring,...It is really quite a bad book. I asked Ed Neumeier to tell me the story because I just couldn't read the thing. It's a very right-wing book.

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#102
post #17

Earlier quoted context omitted.

Yeah, there is a reason why everybody who negotiates a contract with Hollywood or the music industry asks for percentage of gross , not net.

One wonders why not everyone just negotiates gross then? Is it because people are that inexperienced, that some rookies will still fall for net profit thing? Heck, I'm not in film, and even I know not to ask for net. :P

Everybody obviously wants gross, but unless you are a big star that the studio really really wants you'll basically be laughed out of the room for even suggesting it. Realistically your options are 0.00% or Gross or a few points of Net. Given those options most people will settle for the net on the off chance it might be worth something at some point down the line.

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#103
post #99

Earlier quoted context omitted.

> "Starship Troopers" was, as I like to repeat a quip, "based on the back cover of a novel by Robert Heinlein". ST was actually written as a script completely unrelated to the book, and the rights to the book later purchased and superficial changes (character names, etc.) made to align with the book.

Uh? The story is not the same, but the whole universe and political system are exactly the ones of the book, they just basically removed the mech-armors stuff.

Yeah. That is basically what happened with "I, Robot", but not, AFAIK what happened with Starship Troopers.

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#105

Large shops have huge bull's-eyes painted on them. If they act in bad faith, they will eventually lose reputation and business, spectacularly. This is why top VC's aren't going to do things that tiny VC's might try to get away with. Also it's worth nothing that going out-of-your way to be fair isn't just "being nice," it selfishly reduces risk of issues, especially in small, highly-connected industries where reputati…

Until this eventual case of loss of reputation and business happens, they're laughing all the way to the bank. If it even comes. Lots of horrible and criminal corporations continue to exist and are successful.

Your just world theory conform to reality.

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#106

Earlier quoted context omitted.

Neither has anyone else who knows what they are doing. I don't know the details of the contract, but I know that apparently it gave her a percentage of net, rather than gross, on the resulting film. Which, when dealing with Hollywood, ought to be prima facie evidence of ineffective/incompetent counsel on the part of whatever attorney represented/advised her during the negotiations :)

> ought to be prima facie evidence of ineffective/incompetent counsel A much more likely explanation is that the writer and her lawyer know perfectly well the difference between gross and net, but this was the best deal they could get, and it was better than nothing. Writer and her lawyer: "We demand 3% of the gross ." Studio head: "I'm not offering any percentage of the gross." Writer and her lawyer: "OK, we'll sett…

That doesn't make any sense, though. 3% of the net is not better than nothing. Why would you bother to ask for it? That just makes your contract legally valid, in the sense that consideration is offered, without getting you any benefits.

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#107

Earlier quoted context omitted.

I'm confused,and intrigued, what a "military reprisal" would be.

In this case I guess it would be "You've ripped me off to the tune of a million dollars, so I'm going to cause you a million and one dollars in property damage, this way you'll learn next time". This is considered acceptable in some cultures. http://en.wikipedia.org/wiki/Weregild

So, weregild is a legal institution the entire point of which is to prevent the process you're talking about. Why the link?

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#108
post #3

What's wrong with these people? Why couldn't Warner Brothers reach out to Tess and say "Hey, we're going to produce a sci-fi film based on GRAVITY. We'd like to work with you and are interested in re-negotiating your contract for a new version of the story." You know, acting in good faith. Instead they just screw her, no recognition, no money? How is that the default thought process for a company? This may be vindict…

Well, some of the issues seem to be: 1. The movie "Gravity" is primarily an action/special-effects pageant about an astronaut trying to get safely back to Earth after an accident destroys the space station she was on. The book "Gravity" is a medical techno-thriller about a doctor in space fighting a disease outbreak on a space station. Reasonable people can probably disagree about whether the movie, given its signifi…

> The court found that even if all allegations in her complaint were taken to be true, they still would not establish that Warner Brothers was bound by that contract.

So it is possible that: 1) X sells rights to Y, having Y commit to obligations in exchange. 2) Z acquires Y. 3) Z now has the rights but not the obligations.

WTF?

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#109
post #3

What's wrong with these people? Why couldn't Warner Brothers reach out to Tess and say "Hey, we're going to produce a sci-fi film based on GRAVITY. We'd like to work with you and are interested in re-negotiating your contract for a new version of the story." You know, acting in good faith. Instead they just screw her, no recognition, no money? How is that the default thought process for a company? This may be vindict…

Well, some of the issues seem to be: 1. The movie "Gravity" is primarily an action/special-effects pageant about an astronaut trying to get safely back to Earth after an accident destroys the space station she was on. The book "Gravity" is a medical techno-thriller about a doctor in space fighting a disease outbreak on a space station. Reasonable people can probably disagree about whether the movie, given its signifi…

For one, the title is the same...

Re: My Gravity lawsuit and how it affects every writer who sells to Hollywood

#110

Earlier quoted context omitted.

Did you miss the part where this was a contract issue? Where the author of the book said, literally, "Yeah, Gravity is a great film, but it's not based on my book"? She's trying to argue that a contract she made with one company would somehow jump across multiple acquisitions, mergers and organizational changes and begin binding a different company that made a movie she admits wasn't based on her book. And that's why…

> would somehow jump across multiple acquisitions, mergers and organizational changes and begin binding a different company "Somehow"? They would do so via a completely standard clause that enjoins any acquiring entity to honour the terms of the contract. I have never negotiated a contract that did not have a such a clause. Neither has anyone else who knows what they are doing. Maybe she had incompetent representatio…

> Maybe she had incompetent representation.

She talks of "net profit", not "gross profit", so that's a possibility.

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