Film

The actor who says he was bumped up from an extra to a principal performer on James Cameron’s Titanic is traveling a little lighter in his lawsuit over whether he is entitled to back pay from the 1997 blockbuster. Vijay, professionally known as Abrax Lorini, sued 20th Century Fox, Paramount Pictures, Walt Disney Pictures and Lightstorm Entertainment this past February, and since then, the case has been bouncing back and forth between state and federal court. On Monday, U. S. District Court Judge Ronald Lew finally began to address the merits of his claims in ruling on a motion to dismiss. The plaintiff says that two decades ago, he went to a casting call and was hired for $60 to be an extra. Then, Cameron cast him as “Spindly Porter,” which meant spending an additional 90 days on set for among other things, that scene where Vijay carries luggage and recites some dialogue. Vijay wasn’t a member of the Screen Actors Guild at the time, though he’s arguably still under union jurisdiction anyway. Apparently, when the actor’s role was bumped up, he wasn’t asked to sign a work-for-hire agreement, an industry norm. Among Vijay’s claims was that Titanic and a companion film entitled Ghosts of the Abyss violated his likeness rights, but the judge isn’t impressed, writing that his “appearance is but a minuscule portion of each of these films, heavily edited and synthesized with significant artistic expression… His scenes appeared for seconds at most in nearly five hours of film, and even his filmed scenes were transformed with special effects and music in the final product. “As such, his appearance in the film doesn’t rise to meet the publicity rights test of being “the very sum and substance” of the work. The judge dismisses the claim. The studios also attempted to block the plaintiff’s remaining claims of being entitled to royalties as being preempted under Section 301 of the Labor Management Relations Act. They argued also that the claims are subject to the binding arbitration clause of the SAG collective bargaining agreement. Judge Lew finds it premature to rule on this aspect of the case, though it appears as though a motion for arbitration or summary judgment could come soon. If Vijay manages to navigate past any defenses like statute of limitations and laches and show he’s entitled to residuals as a principal performer, he could get back pay. Residuals are calculated as a percentage of gross, though, meaning that the studios didn’t necessarily underpay royalties as a whole. Merely, the other actors might have been overpaid slightly. Email: Eriq. Gardner@THR.comTwitter: @eriqgardnerSource link

‘Batman v. Superman: Dawn of Justice’ Hollywood’s crowded superhero race has come into better focus. On Tuesday, Marvel Studios and Disney revealed their ambitious slate through 2019, less than two weeks after D. C. Entertainment and Warner Bros. disclosed their slate through 2020. Both studios had previously staked out a slew of release dates; now, those dates are filled in with specific titles, including Marvel’s just-announced Black Panther, female superhero title Captain Marvel and Inhumans, all part of what it’s calling Phase 3. Read more Marvel Reveals Complete Phase 3 PlansOne interesting development – Marvel has given up the July 8-10 weekend in 2016. That means there is currently no superhero movie in the month of July, the launching pad of Christopher Nolan’s wildly successful Dark Knight trilogy. It’s possible Marvel’s move could prompt Warners to readjust its summer 2016 slate to accommodate Zack Snyder’s Batman v. Superman: Dawn of Justice, currently set to open March 25, 2016. Originally, both Batman v. Superman, starring Ben Affleck and Henry Cavill, and Marvel’s threequel Captain America: Civil War, starring Chris Evans and Robert Downey Jr., were supposed to open May 6, 2016, but Warners relented and moved Snyder’s title to the Easter corridor (Marvel had claimed the May 6 date first). Warners certainly doesn’t lack for big product in summer 2016. Tarzan, hoping to launch a new franchise, is scheduled to debut July 1, followed by King Arthur on July 22. And its second superhero film, Suicide Squad, hits theaters Aug. 5. (Summer 2016’s other big superhero offering is Fox’s X-Men: Apocalypse on May 27.)Marvel Studios announced Tuesday it will use Nov. 4, instead of July 8, to launch Doctor Strange, expected to star Benedict Cumberbatch. That’s probably not welcome news for Legendary Pictures and Universal, who had already claimed Nov. 4 for their King Kong origin movie, Skull Island, or for Sony, which is set to open Spider-Man spinoff Sinister Six only a week later on Nov. 11. The race in 2017 gets underway March 23 with Fox’s next untitled Wolverine film. The summer boasts four superhero titles in what will be a key test of audience appetite. Guardians of the Galaxy 2 is moving up from July 28 to May 5, according to Tuesday’s announcement, with Marvel now using July 28 for Thor: Ragnarok, the newly titled threequel. D. C. ‘s Wonder Woman rolls out June 23, while Fox’s The Fantastic Four 2 hits July 14, only two weeks before Thor 3. Read more Who Is Captain Marvel? A Brief HistoryThe year-end calendar now includes Marvel’s Black Panther, starring Chadwick Boseman. It opens Nov. 3, followed only two weeks later by Snyder’s Justice League: Part 1 (Nov. 17). Warners/DC’s The Flash kicks off 2018 on March 23, followed May 3 by Disney/Marvel’s Avengers: Infinity War – Part 1. Those two films have plenty of elbow room, but July is jam-packed with Captain Marvel (July 6), an untitled Fox/Marvel film (July 13) and DC’s Aquaman (July 27). The year closes out with Inhumans on Nov. 2. Summer 2019 sees the Avengers and Justice League franchises compete for the first time. Infinity War – Part 2 debuts May 3, followed on June 14 by Justice League: Part 2. Source link

MTV has ordered to series the long-in-the-works small-screen reboot of Wes Craven’s and Kevin Williamson’s horror film franchise, it was announced Tuesday.

The 10-episode series will premiere on the network in a year’s time, just in time for Halloween: October 2015. Read more MTV’s ‘Scream’ Adaptation Sets Cast, Director

MTV took to social media to make the announcement, tweeting a cryptic message to its followers with a simple phone number. When the number is dialed, a low male voice inquires, “Do you like scary TV?,” before announcing its official premiere. The one-hour project, officially put into development last spring, stars Willa Fitzgerald as Emma Duvall, Bex Taylor Klaus as Audrey, John Karna as Noah Foster, Connor Weil as Will, Amadeus Serafini as Kieran Wilcox, Carlson Young as Brooke Maddox, Tracey Middendorf as Maggie and Joel Gretsch as Sheriff Clark Hudson.

The Scream series join MTV’s current scripted offerings Teen Wolf (also adapted from a film franchise), Awkward, Faking It, Finding Carter and Happyland, as well as the upcoming Victoria Justice drama Eye Candy. Read more MTV Greenlights ‘Scream’ Pilot, Renews ‘Snooki & JWOWW’Jamie Travis (Faking It) directed the pilot, which hails from Dimension Films and The Weinstein Co. Jay Beattie and Dan Dworkin (Criminal Minds, Revenge) penned the original script, with Jill Blotevogel (Harper’s Island, Ravenswood) executive producing and serving as showrunner.

Harvey and Bob Weinstein will executive produce alongside Wes Craven, Marianne Maddalena and Cathy Konrad, all of whom served in the same capacity on the original franchise. Tony DiSanto and Liz Gateley, who originally brought the Scream project to in 2012 also produce via DiGa. Matthew Signer and Keith Levine are producers. Williamson, who has three shows on the air (Stalker, The Following, The Vampire Diaries), is not involved. The first Scream movie starred Neve Campbell as Sidney Prescott, a high school student in a fictional town who becomes the target of a killer known as Ghostface. FunWorld’s R.J. Torbert, who holds the rights to the Ghostface character which is closely linked with the franchise, indicated recently he has yet to be involved with the series, writing on Ghostface. co. UK: “GHOST FACE is not involved in the new format… it does not mean, that Ghost Face will not be involved at a later date. So, there is still a question, to the question. However, as of now, there is no involvement.”

On the development side, MTV is readying comedy Ken Jeong Made Me Do It and dark comedy Self-Promotion, to be directed by Zach Braff.
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The Marvel Cinematic Universe is about to get much bigger – and probably much more profitable, as well. Coming off one of its biggest hits yet in Guardians of the Galaxy, the studio held an event Tuesday morning at which it announced a whopping seven new titles.

Adding in four existing releases, that makes a total of 11 movies scheduled between 2015 and 2019.
Marvel Studios 2015 to 2019

Avengers: Age of Ultron – May 1, 2015
Ant-Man – July 17, 2015
Captain America: Civil War – May 6, 2016
Doctor Strange – November 4, 2016
Guardians of the Galaxy 2 – May 5, 2017
Thor: Ragnarok – July 28, 2017
Black Panther – November 3, 2017
Avengers: Infinity War Part 1 – May 4, 2018
Captain Marvel – July 6, 2018
Inhumans – November 2, 2018
Avengers: Infinity War Part 2 – May 3, 2019

That’s five original titles, three sequels, and three Avengers movies. Based on Marvel’s existing track record, these 11 titles are going to earn a ton of money.

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After debuting in early Thursday night, Universals spooky Ouija has earned the Top Films Spot with $8.3 Million, and on track for a $20 million weekend.

Keanu Reeves is no match for a board game, it seems. After debuting in early Thursday night showings, Universal’s spooky Ouija has earned an estimated $8.3 million, putting it on track for a $20 million weekend, while Lionsgate and Summit’s John Wick took in an estimated $5.45 million, suggesting the violent revenge pic will net out around $14 million by weekend’s close.

While Ouija, which cost Blumhouse and Platinum Dunes less than $5 million to produce, is a resounding success, $20 million is a little less impressive than the standard Blumhouse fate. The Purge and The Purge: Anarchy, for instance, opened to $34.1 and $29.1 million respectively. This is more on par with 2012’s Sinister, which had an $18 million opening weekend in mid-October and grossed $48.1 million domestically by the end of its run.

Based on exit polling data, audiences didn’t seem to like either new opener all that much, though. Critics may have loved John Wick, but it only managed to get a B CinemaScore, while Ouija, which was pretty universally loathed by reviewers, picked up a deadly C CinemaScore.

St. Vincent, meanwhile, managed to snag a spot in the top five after its nationwide expansion with an estimated $2.6 million on Friday. The Theodore Melfi comedy, starring Bill Murray and Melissa McCarthy, has played well for two weekends in limited release, and audiences gave it an A- Cinema Score.

Here’s the top five:

1. Ouija — $8.3 million
2. John Wick — $5.45 million
3. Fury — $4.1 million ($37.2 million domestic total)
4. Gone Girl — $3.5 million ($116.5 million domestic total)
5. St. Vincent — $2.6 million ($3.68 million domestic total)

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Following the earlier-than-planned release of the Avengers: Age of Ultron teaser trailer – prompted by an online leak – Marvel Studios has revealed that it will be replacing the announced broadcast premiere of the trailer during next week’s episode of Agents of SHIELD with more footage from the movie.

The change was announced on the company’s official site as Marvel thanked fans for the success of the official trailer release, which was viewed 34. 3 million times globally in its first 24 hours online, breaking the previous record of 20 million views in the same period (That record was held by another Marvel Studios release, 2013’s Iron Man 3). The site stated that footage from the movie will now air during the Oct. 28 airing of Agents of SHIELD, with even more footage debuting the following week as part of the Nov. 4 documentary Marvel 75 Years: From Pulp to Pop! (Officially, Marvel’s release promises “another taste of Marvel’s Avengers: Age of Ultron – and much more!” but it’s unclear if that means more unseen footage from another movie project or not; certainly, it’s possible that footage from Ant-Man may officially debut during the show).

Earlier this year, fans received their first glimpse at Avengers: Age of Ultron when ABC’s Marvel: Assembling A Universe documentary featured never-before-seen concept art from the movie, as well as on-set footage. Read more What’s Revealed in the First ‘Avengers: Age of Ultron’ Trailer? Source link

Gone Girl’s two-week run at the top of the U. K. box office was brought to an abrupt end by a group of reptilian martial-arts experts named after Renaissance artists. Teenage Mutant Ninja Turtles took the crown in its opening week, earning $7. 7 million compared with Gone Girl’s $3. 8 million. David Fincher’s adaptation of the best-selling book, starring Rosamund Pike and Ben Affleck, has now earned a total of $22. 9 million in the U. K. Read more ‘Teenage Mutant Ninja Turtles’ Spurs Boom in Turtle Sales, Illegal SmugglingLast week’s second-highest-grossing film, The Maze Runner, slipped to the fourth spot with $2. 4 million, while last week’s No. 3, Annabelle, retained its position, earning just $11,000 more than The Maze Runner did. The second-highest new entry of the week was Nicholas Sparks’ romantic drama The Best of Me, starring James Marsden and Michelle Monaghan, which claimed the fifth position, taking in $1 million. Source link

The only thing more legally troublesome than a celebrity’s rights is a dead celebrity’s rights. Just look at Marilyn Monroe, the blond bombshell who died in 1962, but continues to be the center of one legal fight after another. The latest is a lawsuit filed on Wednesday against The Estate of Marilyn Monroe that contends her statutory heirs are getting in the way of a computer-generated character called “Virtual Marilyn. “Resurrecting famous deceased stars has become an exploding industry, thanks to advances in technology such as holograms and better digital graphics. Trailing the vanguard are a phalanx of intellectual property lawyers who are fighting over issues like who holds patent rights to project Michael Jackson onto a stage. The newest lawsuit presents a cornucopia of other legal issues, including copyrights, trademarks and publicity rights. Read more Kate Walsh Sues Ex-Managers Over ‘Bad Judge’ CommissionsVirtual Marilyn LLC says it holds copyright registrations encompassing “audiovisual work and character artwork depicting a computer-generated virtual actress adopting the persona of Marilyn Monroe. “The Marilyn Monroe estate has been threatening this virtual character for some time. More than two years ago, we wrote about a volley of legal letters upon talk that “Virtual Marilyn” would be taken on the road to sing and interact with live music stars. Since then, the Marilyn Monroe estate suffered a great legal loss. In August 2012, in the midst of a battle over licensed photographs, the 9th Circuit Court of Appeals ruled that the estate couldn’t claim in court anymore that the legendary actress was living in California at the time of her death. She was domiciled in New York instead. While such a detail as her place of residence at the time of a drug overdose might seem trivial, New York’s publicity rights laws are far less generous than California’s. Most importantly, New York doesn’t allow post-mortem publicity rights. So forget about publicity rights, but what about other potential claims? The Monroe estate reportedly makes up to $30 million a year in licensing income, so the question is definitely important. According to the new lawsuit, Monroe’s estate has conveyed word that “use of Marilyn Monroe’s identity and persona without the Monroe Estate’s prior authorization constitutes unfair competition and false designation of origin” – claims grounded in the Lanham Act – and that its adversary couldn’t use or license “marks, names, logos, designs, avatars, or the like. “So the company now owning “Virtual Marilyn” is going to court for declaratory relief, citing both the previous 9th Circuit opinion, plus more precedents, like the U. S. Supreme Court’s very important 2003 Dastar ruling, which stands for the proposition that trademarks can’t be used as perpetual swords to counter copyrighted work falling into the public domain. “Accordingly, in view of these appellate precedents, it is difficult to fathom that the courts would somehow accord a longer period of private protection for a trademark than the time-period that governs the underlying publicity/persona rights from which the trademark interest derives,” states the complaint filed in New York federal court by attorney Michael Wolk. The plaintiff has designs of its own. It’s both attempting to knock down defendants’ intellectual property grab while maintaining its own authority to obtain trademark protection on its own “branding rights” associated with the CG Marilyn Monroe. A “fractured ownership situation” involving Marilyn Monroe is not a problem, it argues, because disclaimers can always be used to “make it clear to consumers that the Monroe Estate has no affiliation with the Virtual Marilyn character or the Virtual Marilyn brand. “Interestingly, it’s remarked in the lawsuit that when the late actress was living, she never registered any aspect of her persona as a trademark and was conscious about who she belonged to. As Monroe once said, “I knew I belonged to the public and to the world, not because I was talented or even beautiful, but because I had never belonged to anything or anyone else. “The lawsuit clearly has implications because SAG-AFTRA is weighing in, seemingly in favor of the Monroe estate, although interpret as you wish. Here’s a statement from Jeffrey Bennett, chief deputy general counsel of legal and government affairs for the performers guild:

“SAG-AFTRA has been and continues to be a leading advocate for strong rights of publicity around the country, and for the protection of performer trademarks based on their personas. Our advocacy on behalf of performers is particularly paramount today, as advances in technology create new and innovative ways to exploit performers in an increasingly digital world.   The current dispute is a perfect illustration of the need to have strong performer protections in place, especially for our most beloved, iconic personalities.   We must ensure that digital innovations are not used to trample on personality rights, whether those rights are held by the individual or their loved ones, and we must ensure that personality rights are not exploited for commercial gain without permission. “

Email: Eriq. Gardner@THR.comTwitter: @eriqgardnerSource link