War sparks rights battle

Indie pic competing with Paramount's

Susanne Ault -- Video Business, 4/8/2005

It's all systems go to distribute a DVD of his War to retailers beginning June 15, Hines said, though there is some question about who might distribute the DVD. Hines believes he has (or had) a deal with UAV, but that company hasn't confirmed the deal to VB.

Hines believes UAV's waffling might by due to the pressure and threats of legal action Hines has been getting for years from Paramount, which is distributing the much higher profile and Tom Cruise-starring War of the Worlds in theaters this summer.

Paramount claims to own all movie and TV rights in most countries excluding the U.S. to productions based on the original 1898 H.G. Wells novel. That claim is based on a deal signed with Wells' son, Frank Wells, in 1951.

Paramount clearly has the bigger audience draw with its Cruise cache--not to mention the marquee magic of director Steven Spielberg. Hines' version features no name actors.

Even though Paramount's rights apparently only apply outside the U.S., the studio seems annoyed that a competing War of the Worlds will be released so close to its own version.

"They've sent us mountains of letters," Hines said.

No legal action has been initiated. But VB has obtained letters written from as far back as 2001 and as recently as last November from an attorney named Jonathan Zavin, who says his firm--first Bingham Dana and later Loeb & Loeb--represents Paramount.

In the letters, Hines is put "on notice" that he has "no right to distribute your film, based upon Worlds, until 2016" in "most of the world outside the U.S."

The letters state that Hines would be guilty of infringing on copyrights held by Paramount, "which Paramount intends to vigorously enforce" if he were to proceed.

Prior to VB obtaining the document, a Paramount spokeswoman said the matter was a non-issue, noting that Paramount hasn't threatened any legal action. Since then, the studio has not returned calls to comment on the letters.

Hines' production company, Pendragon Pictures, "has spent thousands researching the copyright [issues]," said Hines, who said he knows of no rights problem.

Still, it remained unclear at deadline who will distribute Hines' DVD. The director claims to have UAV aboard to ship units to at least 60,000 stores, but a UAV rep said no deal has been cinched as yet.

"It's scary for people … when you're competing with some pretty powerful forces," Hines said. "[Paramount] is expending huge amounts of energy to discredit us."

The Paramount spokeswoman said the studio has "had this property in development for many, many years." The project was officially announced in the Hollywood trade press in spring 2004.

Hines took out an ad in Variety to hype his War intentions in May 2001. The director is chronicling his battles in a pair of books, The Making of HG Wells' The War of the Worlds Part One and Part Two, to be published by Retrovision on June 1.

DreamWorks, a co-producer of the upcoming Paramount release, holds all home video rights and will distribute the DVD through its output deal with Universal Studios Home Entertainment.