Where I'm still confused with McClory's properties...

When after reading the most detailed beginning to end synopsis of the Thunderball controversy, the part that most confuses me is when he tried to remake it in the late 90s/early 00's Sony bought anything Bond related from McClory.

However the very next sentence said despite this he still went forward with attempting to make his own Bond films. Was he actually able to still do that or was he now just overstepping himself from a legal standpoint?

Also are the Thunderball/SPECTRE/Blofeld rights all under one roof with the main series after Sony bought MGM?

Comments

  • PPK 7.65mmPPK 7.65mm Saratoga Springs NY USAPosts: 1,253MI6 Agent
    As I understand as long as said film was based on the Thunderball script McClory could make it. However given how poorly Never Say Never Again did at the box office I doubt any one would have wanted to try and compete with MGM and EON productions. Also at this time Sony was interested in getting the rights to Spider-Man which MGM had in part, so Sony sold the rights to NSNA to MGM in exchange for the Spider-Man rights.

    Hope this helps.
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    PPK 7.65mm wrote:
    As I understand as long as said film was based on the Thunderball script McClory could make it. However given how poorly Never Say Never Again did at the box office I doubt any one would have wanted to try and compete with MGM and EON productions. Also at this time Sony was interested in getting the rights to Spider-Man which MGM had in part, so Sony sold the rights to NSNA to MGM in exchange for the Spider-Man rights.

    Hope this helps.


    In all fairness Never Say Never Again had a worldwide total of 160 on a 36 million budget. That's far from a commercial failure.
  • Sir MilesSir Miles The Wrong Side Of The WardrobePosts: 27,757Chief of Staff
    PPK 7.65mm wrote:
    As I understand as long as said film was based on the Thunderball script McClory could make it. However given how poorly Never Say Never Again did at the box office I doubt any one would have wanted to try and compete with MGM and EON productions. Also at this time Sony was interested in getting the rights to Spider-Man which MGM had in part, so Sony sold the rights to NSNA to MGM in exchange for the Spider-Man rights.

    Hope this helps.


    In all fairness Never Say Never Again had a worldwide total of 160 on a 36 million budget. That's far from a commercial failure.

    It wasn't a commercial failure but I reckon they also lost a huge chunk of that in lawsuits with Eon....there were numerous lawsuits throughout the intervening years and they ALL would have cost a lot of money, time and effort to run and to fight...
    YNWA 97
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Sir Miles wrote:
    PPK 7.65mm wrote:
    As I understand as long as said film was based on the Thunderball script McClory could make it. However given how poorly Never Say Never Again did at the box office I doubt any one would have wanted to try and compete with MGM and EON productions. Also at this time Sony was interested in getting the rights to Spider-Man which MGM had in part, so Sony sold the rights to NSNA to MGM in exchange for the Spider-Man rights.

    Hope this helps.


    In all fairness Never Say Never Again had a worldwide total of 160 on a 36 million budget. That's far from a commercial failure.

    It wasn't a commercial failure but I reckon they also lost a huge chunk of that in lawsuits with Eon....there were numerous lawsuits throughout the intervening years and they ALL would have cost a lot of money, time and effort to run and to fight...

    That depends on a lot of factors. A lot of times lawsuits end with the loser covering the other's legal fees.
  • Sir MilesSir Miles The Wrong Side Of The WardrobePosts: 27,757Chief of Staff
    Sir Miles wrote:


    In all fairness Never Say Never Again had a worldwide total of 160 on a 36 million budget. That's far from a commercial failure.

    It wasn't a commercial failure but I reckon they also lost a huge chunk of that in lawsuits with Eon....there were numerous lawsuits throughout the intervening years and they ALL would have cost a lot of money, time and effort to run and to fight...

    That depends on a lot of factors. A lot of times lawsuits end with the loser covering the other's legal fees.

    True...but there has to be an outcome for that to happen...and often there wasn't....it just dragged on and on...all the time costing more money...
    YNWA 97
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Sir Miles wrote:
    Sir Miles wrote:

    It wasn't a commercial failure but I reckon they also lost a huge chunk of that in lawsuits with Eon....there were numerous lawsuits throughout the intervening years and they ALL would have cost a lot of money, time and effort to run and to fight...

    That depends on a lot of factors. A lot of times lawsuits end with the loser covering the other's legal fees.

    True...but there has to be an outcome for that to happen...and often there wasn't....it just dragged on and on...all the time costing more money...

    I gotcha. But my question ultimately is, is SPECTRE and Blofeld all under the same roof again as far as rights go?
  • Sir MilesSir Miles The Wrong Side Of The WardrobePosts: 27,757Chief of Staff
    Sir Miles wrote:

    That depends on a lot of factors. A lot of times lawsuits end with the loser covering the other's legal fees.

    True...but there has to be an outcome for that to happen...and often there wasn't....it just dragged on and on...all the time costing more money...

    I gotcha. But my question ultimately is, is SPECTRE and Blofeld all under the same roof again as far as rights go?

    Yes they are....but I'm not convinced they have the desire to use them....better to leave sleeping dogs lie...
    YNWA 97
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Sir Miles wrote:
    Sir Miles wrote:

    True...but there has to be an outcome for that to happen...and often there wasn't....it just dragged on and on...all the time costing more money...

    I gotcha. But my question ultimately is, is SPECTRE and Blofeld all under the same roof again as far as rights go?

    Yes they are....but I'm not convinced they have the desire to use them....better to leave sleeping dogs lie...

    That's a shame. With the new continuity and all it would've been neat to see Bond with an ongoing antagonist in my lifetime. Quantum from the sounds of it has already been abandoned.

    I did however find it fascinating that in the Everything or Nothing documentary, Eon seemed to have more ill will toward Fleming for adapting the original Thunderball script into a novel than they did with McClory for trying to stake his claim.
  • ixtoreixtore NYCPosts: 111MI6 Agent
    EON had troubles with Fleming a few times. Fleming was always digging around for new ideas to set his Bond novels to (McClory as a for instance) and even badgered Sam Rolfe (of Man from U.N.C.L.E. fame) for ideas. You know about EON stepping in on Fleming's involvement with Rolfe and the UNCLE series. So I guess Fleming was a bit of a headache. But he was certainly the goose that laid the golden egg.
    Too bad about S.P.E.C.T.R.E. and Bloefeld. There's always Smersh.
    The scent smoke and sweat of a casino are nauseating at three in the morning. Then the soul-erosion produced by high gambling - a compost of greed and fear and nervous tension - becomes unbearable and the senses awake and revolt from it.
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    ixtore wrote:
    EON had troubles with Fleming a few times. Fleming was always digging around for new ideas to set his Bond novels to (McClory as a for instance) and even badgered Sam Rolfe (of Man from U.N.C.L.E. fame) for ideas. You know about EON stepping in on Fleming's involvement with Rolfe and the UNCLE series. So I guess Fleming was a bit of a headache. But he was certainly the goose that laid the golden egg.
    Too bad about S.P.E.C.T.R.E. and Bloefeld. There's always Smersh.

    SMERSH wouldn't work in this day and age, unless they can make it stand for something.
  • Charmed & DangerousCharmed & Dangerous Posts: 7,358MI6 Agent
    edited June 2013
    Well Smersh was pretty much used as a one-off theme in TLD, so it's unlikely to be used again at this point, like Spectre.

    SPECTRE is pretty much a criminal organisation like Quantum and vice-versa, so it's really just a name, isn't it? The concept is workable and Quantum is modern, so why not stick with that...


    Btw I'd highly recommend the excellent 'the Battle or Bond' for a hugely entertaining and very detailed account of the entire Fleming /McClory /EON saga:

    http://www.amazon.co.uk/product-reviews/0955767008
    "How was your lamb?" "Skewered. One sympathises."
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Well Smersh was pretty much used as a one-off theme in TLD, so it's unlikely to be used again at this point, like Spectre.

    SPECTRE is pretty much a criminal organisation like Quantum and vice-versa, so it's really just a name, isn't it? The concept is workable and Quantum is modern, so why not stick with that...


    Btw I'd highly recommend the excellent 'the Battle or Bond' for a hugely entertaining and very detailed account of the entire Fleming /McClory /EON saga:

    http://www.amazon.co.uk/product-reviews/0955767008

    I'll definitely check that out. My point about SMERSH was that even in TLD using them would still fly since the Cold War was still going on and there actually was a short lived SMERSH in the 50s.
  • Gala BrandGala Brand Posts: 1,172MI6 Agent
    How do we know Quantum has been abandoned? Because it wasn't in SF? SPECTRE wasn't in GF (Connery's third) but made a return in TB.
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Gala Brand wrote:
    How do we know Quantum has been abandoned? Because it wasn't in SF? SPECTRE wasn't in GF (Connery's third) but made a return in TB.

    I said it seems that way. Craig's been quoted as saying he doesn't want them back and the actor who played White made some public criticisms to QOS that probably means he won't be asked back. Also if we never see them again it could be due to Bond outing a bunch of them during the opera scene.
  • BlackleiterBlackleiter Washington, DCPosts: 5,615MI6 Agent
    Well Smersh was pretty much used as a one-off theme in TLD, so it's unlikely to be used again at this point, like Spectre.

    SPECTRE is pretty much a criminal organisation like Quantum and vice-versa, so it's really just a name, isn't it? The concept is workable and Quantum is modern, so why not stick with that...


    Btw I'd highly recommend the excellent 'the Battle or Bond' for a hugely entertaining and very detailed account of the entire Fleming /McClory /EON saga:

    http://www.amazon.co.uk/product-reviews/0955767008

    I own a copy of "The Battle for Bond", and I agree with you. It's very entertaining and informative.
    "Felix Leiter, a brother from Langley."
  • PPK 7.65mmPPK 7.65mm Saratoga Springs NY USAPosts: 1,253MI6 Agent
    Just a quick FYI for anyone who does not follow the history of the Cold War closely. SMERSH later became part of the KGB, and continued their dirty work.

    As for the rights to SPECTRE and Blofeld as of 2006(I might be off here so please forgive me) MGM and EON productions have the rights to them, though I believe their is currently no plan to use them. As for the future of Quantum, I would hope that the producers would like to tie up the loose ends of QOS at some point. Also I remember Jesper Christensen( actor that Played Mr. White in CR and QOS) later apologizing for his remarks in that interview saying that he was quoted out of context.
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    PPK 7.65mm wrote:
    Just a quick FYI for anyone who does not follow the history of the Cold War closely. SMERSH later became part of the KGB, and continued their dirty work.

    As for the rights to SPECTRE and Blofeld as of 2006(I might be off here so please forgive me) MGM and EON productions have the rights to them, though I believe their is currently no plan to use them. As for the future of Quantum, I would hope that the producers would like to tie up the loose ends of QOS at some point. Also I remember Jesper Christensen( actor that Played Mr. White in CR and QOS) later apologizing for his remarks in that interview saying that he was quoted out of context.

    I do hope that's true since I'd like to see them used again.
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    So today it was announced this matter had been settled and NOW Sony/MGM/EON has the rights to Blofeld and SPECTRE. I guess McClory's estate felt keeping this piece of the pie was worthless when nothing can be done with just owning them, it was McClory's fight not theirs, and they could simply sell these properties off.

    Now my question is, how were they allowed to use Blofeld in 007 Legends?
  • PeppermillPeppermill DelftPosts: 2,860MI6 Agent
    This is just a guess but maybe the restrictions only applied on the movies. Because Blofeld was also used in the continuation novels.
    1. Ohmss 2. Frwl 3. Op 4. Tswlm 5. Tld 6. Ge 7. Yolt 8. Lald 9. Cr 10. Ltk 11. Dn 12. Gf 13. Qos 14. Mr 15. Tmwtgg 16. Fyeo 17. Twine 18. Sf 19. Tb 20 Tnd 21. Spectre 22 Daf 23. Avtak 24. Dad
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    Peppermill wrote:
    This is just a guess but maybe the restrictions only applied on the movies. Because Blofeld was also used in the continuation novels.

    Or at this point no one knew who exactly owned what, so they paid off McClory's estate to just let them be. :P
  • superadosuperado Regent's Park West (CaliforniaPosts: 2,656MI6 Agent
    edited November 2013
    Well Smersh was pretty much used as a one-off theme in TLD, so it's unlikely to be used again at this point, like Spectre.

    SPECTRE is pretty much a criminal organisation like Quantum and vice-versa, so it's really just a name, isn't it? The concept is workable and Quantum is modern, so why not stick with that...


    Btw I'd highly recommend the excellent 'the Battle or Bond' for a hugely entertaining and very detailed account of the entire Fleming /McClory /EON saga:

    http://www.amazon.co.uk/product-reviews/0955767008

    I own a copy of "The Battle for Bond", and I agree with you. It's very entertaining and informative.

    I also have this book and it is a very interesting read. Of course, any author is human and will tend to lean on whatever side their conscience might lead them to; in this book particularly in its conclusions throughout, there was a leaning to exhonerate McClory but nonetheless there was still an attempt to be objective with the facts presented. For the record, I will admit that ever since I can remember, I've always considered McClory to be the villain in this conflict, admittedly because it's always easier to side with the victors, e.g., EON bolstered by the resounding success of their Bond series (on the flip side, anyone remember Jet Rink, the James Dean character in "Giant" and the awe and respect his success afforded him?)

    Anyway, back to the book, "The Battle for Bond," viewing the "evidence," it seems to be a reasonable conclusion and one not so far flung or incredible, that the Bryce-Fleming-McClory-Wittingham team was responsible for two things that we Bond fans should be thankful for, (1) the improved depiction of Bond's world of espionage going forward with Fleming's books, which beforehand seemed underdeveloped and a bit behind the times, since Fleming drew much from his past experiences, whereas the TB film think-tank managed to dial into the contemporary political issues at that time; (2) The first EON team, Broccoli-Saltzman-Maibaum-Young, had available to them a copy of the Wittingham TB script via Fleming himself-the significance? The TB script that predated any EON development or screen treatment solved the problem of how to elegantly interpret the Bond of the books into the visual medium of cinema, e.g., making Bond suave, witty and charming, qualities that are often credited to Terence Young. The question to ask in regard to this particular thing, is that once having read the Wittingham script, could we confidently assume that this resulted in 0% influence on how EON developed Bond for the screen?

    So, with these two results, how different would Fleming's writings have been had he not embarked on the film project with McClory? The possible differences wouldn't be all that groundbreaking, considering that he only had a few more books in him and many of the ones that preceded TB were excellent in their own right, though TB is distinguishable as the novel in which Fleming's world of espionage had come of age.

    How different would the EON series be today, had McClory never crossed paths with Fleming? That one is also hard to predict and benefit of the doubt is owed to EON that they could have nonetheless pulled off a successful series, but to what degree? A better one? A lesser success? Would it still be around today? Or would it have been less enduring, having survived only in the 60's, or worse, after one or two movies? (Anyone remember Remo Williams in the 80's, or more recently, Van Helsing?)

    With that, after reading what went on with the trial and other suits that followed years later, I finally saw why the courts ruled in favor of McClory, given the facts outlined in the books and it's no surprise that there were still any lingering, potential claims to the Bond character after all these years, only to be finally settled just now by the McClory estate and EON. Arguably, McClory et al. created the cinematic Bond character, which is distinctly different from the book version and EON should appreciate that enough (lest they be the "Nothing" supposedly denoted in their name) so paying off McClory's estate shouldn't be that painful.

    Someone earlier posted that though a pain for EON, Fleming was the goose that laid the golden egg, but in terms of film success, McClory was somehow involved in the alchemy of the goose's reproductive process.
    "...the purposeful slant of his striding figure looked dangerous, as if he was making quickly for something bad that was happening further down the street." -SMERSH on 007 dossier photo, Ch. 6 FRWL.....
  • HigginsHiggins GermanyPosts: 16,619MI6 Agent
    What I never understood:

    Ok, Fleming lifted large parts of the TB plot
    But EON had all rights on the figure 007.

    Instead of being allowed to use extensively and maybe exclusively the TB plot with a hero "John Smith", how can he get the rights to use the 007 figure in movies?
    President of the 'Misty Eyes Club'.

    Dalton - the weak and weepy Bond!
  • superadosuperado Regent's Park West (CaliforniaPosts: 2,656MI6 Agent
    edited November 2013
    Bondtoys wrote:
    What I never understood:

    Ok, Fleming lifted large parts of the TB plot
    But EON had all rights on the figure 007.

    Instead of being allowed to use extensively and maybe exclusively the TB plot with a hero "John Smith", how can he get the rights to use the 007 figure in movies?

    I've put my book in storage, but from what I remember, EON, via the film rights options owned by Saltzman, were able to develop movies of all the Fleming books except CR, TB, the book version of TSWLM and I believe, MR. The MR film option was never used and expired and reverted back to Fleming, then passed on to EON as part of the package. Also in their agreement, EON has the right to develop movies based on the Bond character even after exhausting the Fleming titles. As for McClory, I think the court recognized that he was responsible for creating the film version of the character, which was not exclusive but shared with Fleming, who then sold his rights to EON. If I remember, the first lawsuit gave McClory exclusive rights to the TB script, but a later lawsuit gave him expanded rights to the film character of Bond. Because it was not exclusive but considered a shared right, McClory could use Bond as a film character, which is why a competing Bond was always a threat for EON's box office.
    "...the purposeful slant of his striding figure looked dangerous, as if he was making quickly for something bad that was happening further down the street." -SMERSH on 007 dossier photo, Ch. 6 FRWL.....
  • Miken AyersMiken Ayers Posts: 41MI6 Agent
    superado wrote:
    Bondtoys wrote:
    What I never understood:

    Ok, Fleming lifted large parts of the TB plot
    But EON had all rights on the figure 007.

    Instead of being allowed to use extensively and maybe exclusively the TB plot with a hero "John Smith", how can he get the rights to use the 007 figure in movies?

    I've put my book in storage, but from what I remember, EON, via the film rights options owned by Saltzman, were able to develop movies of all the Fleming books except CR, TB, the book version of TSWLM and I believe, MR. The MR film option was never used and expired and reverted back to Fleming, then passed on to EON as part of the package. Also in their agreement, EON has the right to develop movies based on the Bond character even after exhausting the Fleming titles. As for McClory, I think the court recognized that he was responsible for creating the film version of the character, which was not exclusive but shared with Fleming, who then sold his rights to EON. If I remember, the first lawsuit gave McClory exclusive rights to the TB script, but a later lawsuit gave him expanded rights to the film character of Bond. Because it was not exclusive but considered a shared right, McClory could use Bond as a film character, which is why a competing Bond was always a threat for EON's box office.

    Also from the Everything or Nothing documentary it's implied that when McClory was brought on as a producer for Thunderball then quickly dumped by EON once Thunderball was made. McClory supposedly thought he was there to stay, but I guess as far as they were concerned they got what they wanted from him and moved on. If the two didn't have such a case of tunnel vision this may have been resolved long ago.
  • Napoleon PluralNapoleon Plural LondonPosts: 10,467MI6 Agent
    Brief news story in Guardian today, Danjaq have bought the rights to Blofeld off the McClory family, so can use anytime in future; not sure if this is really news or what we've long understood.

    Personally I say bring him in with a new Bond in a few years time, they've shot their bolt with Craig who is surely only good for 2 more movies.

    Then again, if he can do 3 that might leave room for a Blofeld trilogy of sorts, and Logan was quoted as saying a real Bond movie has to have Blofeld.
    "This is where we leave you Mr Bond."

    Roger Moore 1927-2017
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