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• Series: Watchmen

WATCHMEN producers speak up

WATCHMEN legal battle between Warner Bros and 20th Century Fox (slideshow)
© Mania.Com/Josh Gordon

As the 'Watchmen' legal battle pitches forward, a question mark has hovered over producer Larry Gordon, who shepherded the movie from studio-to-studio after initially setting the project up with Fox almost 20 years ago.

In his controversial December 24th ruling U.S. District Court Judge Gary Feess took Gordon to task and insinuated that he sandbagged during his testimony.

"Gordon’s testimony regarding the facts, circumstances, and events surrounding the negotiation of the 1994 agreements would have been of assistance to the Court in evaluating the objectives of the parties at that time. However, Gordon refused to testify on that subject during his deposition because he supposedly could not separate what he knows based on his own recollection from what he learned from counsel. Gordon’s counsel therefore asserted the attorney/client privilege and instructed Gordon not to answer any questions on the subject. The Court takes a dim view of this conduct and questions whether the assertion of the privilege was proper. Moreover, the assertion of the privilege does have a consequence: having now reached a decision based on the record before it, the Court will not, during the remainder of this case, receive any evidence from Gordon that attempts to contradict any aspect of this Court’s ruling on the copyright issues under discussion."

In their filing, lawyers for 20th Century Fox intimated that Warner Bros. would try to off-load blame and financial responsibility for the debacle on Gordon.

Well, Gordon isn't taking it sitting down. According to today's Hollywood Reporter, Gordon issued a lengthy letter to Judge Feess putting Fox directly in the cross-hairs, and describing his version of events. The letter, filed on Wednesday by his lawyers, stated that he has been subjected to "significant public scorn" for his role in the studio battle and arguing his case that he answered deposition questions "to the best of his knowledge."

Gordon argues that, in his 1994 turnaround agreement with Fox he and apparently his attorneys were unaware of a 1991 quitclaim agreement that granted Fox distribution rights to the film and a share of profits if Gordon made it elsewhere. This document is the foundation of Fox's argument.

"It is Mr. Gordon's position that the execution of the 1994 turnaround agreement was the result of either a mutual mistake by both parties or a unilateral mistake made by his counsel, on which Mr. Gordon relied," the letter says.

However, Judge Feess apparently dismissed Gordon's letter without reading it, calling it an "improper communication" in violation of court rules.

At the same time, Gordon's producing partner, Lloyd Levin has taken to the internet to posit their side of the argument in the court of public opinion. In an open letter posted on HitFix.com, Levin gives a detailed accounting of his and Gordon's efforts to push the film through the daunting and discouraging process that's rightly referred to as development HELL.

In it he paints a picture of a Fox studio that was completely disinterested in the project (along with every other studio in town), for most of the 20 or so years its been kicking around. This continued until 2005. Levin writes:

From my point of view, the flashpoint of this dispute, came in late spring of 2005. Both Fox and Warner Brothers were offered the chance to make Watchmen. They were submitted the same package, at the same time. It included a cover letter describing the project and its history, budget information, a screenplay, the graphic novel, and it made mention that a top director was involved.

And it's at this point, where the response from both parties could not have been more radically different.

"The response we got from Fox was a flat "pass." That's it. An internal Fox email documents that executives there felt the script was one of the most unintelligible pieces of shit they had read in years. Conversely, Warner Brothers called us after having read the script and said they were interested in the movie - yes, they were unsure of the screenplay, and had many questions, but wanted to set a meeting to discuss the project, which they promptly did. Did anyone at Fox ask to meet on the movie? No. Did anyone at Fox express any interest in the movie? No. Express even the slightest interest in the movie? Or the graphic novel? No.

From there, the executives at Warner Brothers, who weren't yet completely comfortable with the movie, made a deal to acquire the movie rights and we all started to creatively explore the possibility of making Watchmen. We discussed creative approaches and started offering the movie to directors, our former director having moved on by then. After a few director submissions, Zack Snyder came onboard, well before the release of his movie 300. In fact, well before its completion. This was a gut, creative call by Larry, me and the studio... Zack didn't have a huge commercial track record, yet we all felt he was the right guy for the movie.

Warner Brothers continued to support, both financially and creatively, the development of the movie. And eventually, after over a year of work, they agreed to make the film, based on a script that, for what it's worth, was by and large very similar to the one Fox initially read and deemed an unintelligible piece of shit.

Clearly supporting Warner Bros in this, Levin continues:

Shouldn't Warner Brothers be entitled to the spoils - if any -- of the risk they took in supporting and making Watchmen? Should Fox have any claim on something they could have had but chose to neither support nor show any interest in?

Look at it another way... One reason the movie was made was because Warner Brothers spent the time, effort and money to engage with and develop the project. If Watchmen was at Fox the decision to make the movie would never have been made because there was no interest in moving forward with the project.

Finally, Levin implores Fox to do the right thing:

For the sake of the artists involved, for the hundreds of people, executives and filmmakers, actors and crew, who invested their time, their money, and dedicated a good portion of their lives in order to bring this extraordinary project to life, the question of what is right is clear and unambiguous - Fox should stand down with its claim.

Visit HitFix.com for Levin's complete comments.

'Watchmen' remains scheduled for a March 6 release. The Hollywood Reporter cites unnamed sources who claim that settlement discussions are at least taking place. It seems unlikely that the in junction of the movie will happen. A trial in front of Judge Feess remains scheduled for January 20th.