It’s been almost thirty-five years since the original Predator film starring Arnold Schwarzenegger was released, and, according to some, it should be time for those who write the script to get franchise rights back. Brothers Jim and John Thomas are looking to execute the termination provision of copyright law, which would allow them to cancel the transfer after a long wait, in this case thirty-five years. While they originally filed a notice back in 2016, they heard in January that 20th Century Studios, a Disney company, is arguing that their rights actually extend longer, as first reported by The Hollywood Reporter.
The brothers’ complaint reads “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.
” Their subsequent efforts to implement later dates were also met with resistance.
The 20th Century response argues that “While federal statutory copyright law edows 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.”
This fight escalates after it was reported last November that Disney was planning to reboot the Predator series with director Dan Trachtenberg, best known for 10 Cloverfield Lane, attached. The original film has produced three sequels, in 1990, 2010, and 2018, respectively, and the title species has become a fixture in the Alien vs. Predator series, which has already spawned two films.
Legal battles like this one may impede studios from continuing to churn out new installments featuring popular characters.
In 2018, Victor Miller, the screenwriter of Friday the 13th, successfully took the same approach for his work, though an appeal is underway by the film’s producer regarding Miller’s official status on the film. Miller was represented by attorney Marc Toberoff, who is also working on behalf of the Thomas brothers.