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“The Butler” Title Fight: Harvey Weinstein Says It’s Motivated by His “Hobbit” Rights

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Harvey Weinstein and David Boies just appeared on “CBS This Morning” to talk about the fight over the title to “The Butler.” Harvey asserted that Warner Bros. is retaliating against him because he retains some rights to “The Hobbit” dating back to his and brother Bob’s early ownership of “Lord of the Rings.” Warner Bros., of course, says it isn’t true. What follows is a transcript. PS Floyd Abrams speaks for WB. But I think his reasoning is off. The MPAA title registry protects well known movies like “The Artist” or “The King’s Speech” so the consumer avoids confusion. But the 1916 short film “The Butler,” which Warner Bros., is “protecting” has never been seen by a person alive on this planet or even heard about or discussed prior to this. Floyd Abrams is very smart, but I don’t think this argument works.

 

NORAH O’DONNELL: And we welcome Harvey Weinstein back to Studio 57 along with his attorney David Boies who is in Washington. From London we’re joined by former senator Chris Dodd, the Chairman and CEO of the MPAA. And from Irvine, California, First Amendment attorney Floyd Abrams. Good morning, welcome to all the lawyers. We know how important this is given how many people are involved. Harvey let’s start with you. Warner Brothers says they own the rights to the title “The Butler.” They re-registered it as recently as 2010. Why are they wrong?

HARVEY WEINSTEIN: It’s not that they’re wrong. It’s just, a grace note would have said, this is a movie about Civil Rights. 28 individual investors financed the movie. And 122 times in the history of movies, titles have been used and repeated. And our understanding with them was that this was just going to be the simple process that it always is. Sandra Bullock and Melissa McCarthy have a movie out called “Heat.” Jason Stateman is shooting a movie called “Heat” Bob DeNiro and Al Pacino made a movie called “Heat” and ten years before that Burt Reynolds made a movie called “Heat.” And “Unstoppable” has been done 5 times. 122 instances. These guys told us they were going to do the normal thing, the normal business they practice and I think there’s an ulterior motive.

ANTHONY MASON: Harvey, what’s in a name here? Does it really make that much of a difference here? Couldn’t you call it, The White House Butler? Couldn’t you call it something else?

HARVEY WEINSTEIN: The MPAA ruled that we couldn’t use the word “butler” at all. They said we cannot use the word “butler.”

GAYLE KING: Chris Dodd, what went into that decision? The MPAA made the decision that they couldn’t use the title. What was the consideration that went into that decision?

SEN. CHRIS DODD: Well, and again it’s good to be with everyone. I’ve gotten to know everyone pretty well whose on the program this morning. It’s almost 100 years old but it’s called the Title Registration Bureau, it was established in 1925 to set up a mechanism for easy dispute resolution where registerers and subscribers, there are over, between 3 and 400 individuals or studios are subscribers to the Title Registration Bureau. The Weinstein Company obviously is one of them. They’ve submitted titles like “The King’s Speech” and “The Artist” and “The Untouchables” to give examples, and it’s designed to protect consumers so they’ll not be confused by titles, to protect authors, so the titles don’t get duplicated. And when that happens, and I’m not familiar with the cases that my good friend Harvey cited, but that’s where you go and you work this out between the companies. That’s the role of the registration bureau, which was established as I said in 1925. When you become a subscriber voluntarily, you’re not forced to, it’s entirely a voluntary system, you sign an agreement saying I will abide by the rules. The rules are in place. You can argue about whether or not you like the rules or not. There’s an appeals process. I would just like to say once again, and I tried all last week as Harvey knows, the very good people of Warner Brothers. Barry Myer, a wonderful individual as well. They need to sit down and resolve this. There’s an appeals process, go through that. There’s no reason why this needs to become as large an issue as it is.

NORAH O’DONNELL: Let me bring in David Boies, your attorney. David, the film is set to be released August 16. The clock is ticking here. What are you going to do now?

DAVID BOIES: We’re going to have to find a way to get this important Civil Rights movie out. One of the things you have to understand, I think there are really three things you have to understand. If this was to do as my friend Chris Dodd says, there wouldn’t be a problem here. There’s no confusion. The 1916 was a silent, short subject, nobody alive virtually has seen it. Not on DVD, not on television. There’s simply no chance for confusion. What’s going on here is they are using the power of the MPAA, which afterall is an organization of all the major studios, to say we’re going to restrict competition from this new film. And that’s wrong. It would be fine if the goal was what Chris says, to protect competition. And I know my friend out in California, Chris’s lawyer, would agree with me. We want to protect consumers but we also want to protect competition. There’s one other point that you’ve got to remember. When you talk about “White House Butler” or “Lee Daniel Butler,” those were titles that the Weinstein Company registered by the MPAA’s own rules, and yet their arbitrators said the Weinstein Company can’t use those titles either. That’s just wrong.

GAYLE KING: It’s clear David, there’s a lot of friends at the table, but still we find ourselves in the middle of a dispute. Warner Brothers says this in a statement to us. “The Weinstein Company is breaking the MPAA’s rules and following a well-trodden path of publicizing controversies of disseminating misinformation as to the nature of this dispute.” They accuse the Weinstein Brothers of “breathtaking hypocrisy.”

DAVID BOIES: Let me respond to that if I can. You have a situation here in which two things are not in dispute. First, Warner Brothers only claim to this is a 1916 movie that no one has ever seen. And second, the arbitrators is preventing the Weinstein Company from using titles like “The White House Butler” and “Lee Daniels butler” that the MPAA had already approved. Those are undisputed facts.

GAYLE KING: Harvey there are many that say this is a typical Harvey Weinstein movie, trying to drum up publicity, they could have settled and they didn’t. What do you say to what the Warner brothers company is saying about you?

HARVEY WEINSTEIN: We did try to settle it. I went through this with “Bully” and I’ve gone through this all my life.  My dad taught me to fight injustice. This is unjust. This movie is coming out August 16. I was asked by two execs at Warner Brothers, which I’m happy testify to, that if I gave them back the rights to “The Hobbit” they would drop the claim. For a 1916 short? This was used as a bullying tactic —

ANTHONY MASON: You think this was something else about this?

HARVEY WEINSTEIN: I think this is 100%. This was the big guy trying to hit the small guy. They didn’t know that the small guy knows David Boies pretty well and that David Boies takes the small guy’s side.

GAYLE KING: Floyd Abrams, is this really about something else?

FLOYD ABRAMS: What it’s really about it people keeping their word. The Weinstein Company agreed, signed a contract to participate in this system, where movie titles would be protected. And part of that system is that companies can designate a certain amount of titles as protected. The Weinstein Company has done this. Why do you think “The Artist” is protected? Or “The King’s Speech”? It’s because they said, and they had every right to say it, no one else can use this title. Now the system works by saying, if you can’t agree, and apparently they haven’t so far, you go to arbitration. They went to arbitration, they lost. They had a right to appeal, and they are appealing, which is what they should be doing. But the idea that this is some sort of effort to suppress a movie, it’s just not true.

ANTHONY MASON: Harvey, you know the rules of this game. You played the game and you lost. Why are you still fighting?

HARVEY WEINSTEIN: To call the movie “The Butler” — if we run ads with “The Butler,” the MPAA is $25,000 a day in penalties. We have to pull 5,000 trailers from the theaters, we have to pull our website down, all of which we complied with. And the movie’s coming out August 16. And 28 individual investors did it. What the hell do they need the title for? They’re not making a movie called “The Butler.” There’s a 1916 silent movie. Come on. If we were watching this as a movie we’d say this smells. Where’s the culprit at the end of this?

GAYLE KING: Some could say Harvey, you can change the title.

HARVEY WEINSTEIN: What should I call it?

GAYLE KING: Senator Dodd, you get in here then we’ve got to go.

SEN. CHRIS DODD: There is an appeal process. And again since 1925, the system has worked. When you sign up for this, you agree to play by these rules. There’s still an appeals process. Sit down, talk to each other, you’ve got great lawyers right here. They’re from different companies, they know eachother well. Sit down and work it out. This is silly.

GAYLE KING: Alright Senator Dodd, all we know is this. August 16, “something something” is going to be opening up.

Oscar Winner Octavia Spencer Raised the Money to Finish “Fruitvale Station”

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Oscar alert: “Fruitvale Station” opens this weekend in New York, Los Angeles, and San Francisco. Ryan Coogler’s debut film was discovered at Sundance, caused a sensation in Cannes, and premiered last night at the Museum of Modern Art. Coogler is 27 now and made the film when he was 26, a film student at USC. Fruitvale is a metro stop on the BART line in San Francisco. It was there on New Year’s Eve 2009 that unarmed 22 year old Oscar Grant, father of a little girl, was murdered in cold blood by a transit cop.That cop served only 11 months and is now free as a bird.

The movie chronicles the last day of Oscar’s life. Michael B. Jordan, of “Friday Night Lights” fame, plays Oscar, Melonie Diaz is his girlfriend, Sophina, the other of his child. Oscar winner Octavia Spencer plays his mother. Last night I saw this movie for the second time. I’m not kidding when I tell you these three actors deserve Oscar nominations. They are such powerful, transcendent performances that a time comes during “Fruitvale Station” when you forget they are actors. You become so invested in their characters, their lives, and the nuances of their relationships, that they seem absolutely real.

Obviously, Oscar Grant was killed. So at the end of the screening, my friend blurted out to Michael B. Jordan: “I am so glad to see you alive.” Candice Bergen came with husband Marshall Rose, and her daughter Chloe Malle. They were mesmerized. The wonderful Debra Lee of BET, a sponsor of the film, sat near me. During the screening, you could hear people crying. It’s an emotional movie.

Later, Octavia Spencer told me: “We ran out of money and shut down for two weeks. So I put some money in, and I called around to friends. And we raised what we needed.” Spencer is the kind of person who wins the Academy Award, and it turns out they’re just great and you wonder how filmmakers survived before they came along. She told me didn’t sit through the screening at MoMA. “I’ve seen it twice, that’s enough.”

Coogler, who’s still shocked that he made his movie, is engaged to a beautiful young woman who does sign language interpretation. They live in the Bay Area. They won’t be moving to Hollywood. “Our whole family is there,” she said. “And you should see Ryan. He’s devoted to them.”

What Coogler’s done with “Fruitvale Station” is build a story the old fashioned way. As the story of Oscar Grant’s last day progresses, you get a full picture of what his future might have been. He’d already been in jail, had scrapes over drugs, and lost a job for showing up late. But he’d also had an epiphany: that his life could be improved. He spent his last day making amends, and plans. And the audience knows he’s going to die. Still, you like him so much that by the time his life hangs in the balance, several people said at the after party, “you were hoping he’d make it and it wasn’t true.”

This is just the most important movie of 2013 so far, a must see at all costs, and a real work of art. After all the bloat of summer blockbusters, “Fruitvale Station” is our reward. Don’t squander it.

Randy Travis: Country Singer Hospitalized in Critical Condition

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Country singer Randy Travis’s publicist just sent this out: “Randy Travis has been admitted to a Texas hospital and is listed in critical condition.  The Grammy winner is suffering from complications of recently acquired viral cardiomyopathy.  Travis was admitted into the medical facility yesterday.”

Travis is 54. From the web:
“Viral cardiomyopathy is a heart condition caused by a viral infection in the heart. The heart weakens and does not work as well as it should, causing a variety of problems for the patient. Once diagnosed with cardiomyopathy of any kind, including viral cardiomyopathy, the prognosis for the patient is variable, depending on how severe the condition is and what kinds of treatment options are available. Generally, the weakening of the heart will force the patient to make some permanent lifestyle changes.”

Country singer on the road? Lifestyle changes? Travis has had a long time problem with alcohol and substance abuse resulting in arrests and rehab. Last year the country singer was  sentenced to 180 days in jail after he pled guilty to an Aug. 7 drunk-driving incident in Texas. He was found by authorities lying naked in the roadway after crashing his car in a construction zone.

Keep refreshing…

Cicely Tyson, 88: Tony Winner Extends Her Broadway Run through October

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There’s no stopping Cicely Tyson. Winning the Tony Award for Best Actress in June does seem to have energized her even more than was–and that was something. Tyson has agreed to extend her stay on Broadway in “The Trip to Bountiful” through October 9th. She’s doing all 8 shows a week, too– both matinees. Being in the show obviously isn’t tiring her out. It’s giving her an adrenaline shot. Co-star Cuba Gooding recently joked to me: “We think she’s sleeping in the theater from Friday night through the Sunday matinee.” The production had already been extended once. This is a new five week add on– meaning 40 more performances. “Bountiful” is playing to healthy, if not overwhelming-sized, audiences at 63% a week. That means you can get tickets on the spur of the moment, either from TKTS on 47th St. or from websites like BroadwayBox.com.

Bob Dylan’s $22 Million Dollar Publishing Deal: Protest Songs Pay

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EXCLUSIVE With the Coen Brothers’ “Inside Llewyn Davis” coming out this year– a movie about the folk era that produced Bob Dylan in 1961– there’s going to be renewed interest in the genre. So it turns out that I’ve come across a 2010 music publishing contract extension for Dylan. And the fictional Llewyn Davis will really kick himself after reading it. Protest songs are quite lucrative. Dylan signed an extension in 2010 that puts him right now in the middle of a quietly executed $22 million deal. Not bad.

According to terms of the deal with Sony/ATV Music, Dylan gets a payout of $4.4 million every December from 2010 to 2014. It covers all hits hits from “Like a Rolling Stone,” “Blowin’ in the Wind,” and “Just Like a Woman” to more recent hits like “Make You Feel My Love” and “Things Have Changed.”

***Take the poll–your favorite Bob Dylan song*** on the home page

The deal was signed based on some projects that worked out and others that didn’t. Dylan did release a new album last year. But a planned huge box set that was in the works was sidelined, perhaps permanently.

The deal was a safe one for Sony/ATV. According to the memo, Dylan had averaged $4 million a year from 2006 to 2010 anyway in publishing royalties. And that’s why songs that can “covered”– recorded by other artists– or played on radio and in various venues are so valuable. It’s hard to imagine what rappers like Jay Z and Kanye West make from publishing contracts since their tracks, beats, and samples are self-contained performances.

Will Smith’s Personally Funded School, Website, Shut Down

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I posted a version of this on July 5th at midnight. But given the holiday, and now we’re all back– here it is again. Will and Jada Pinkett Smith put millions into this school. But the school right away attracted criticism for featuring Scientology curriculum. The first headmistress was replaced with a new one who was a major Scientologist. Much of the staff and board of directors were also Scientologists. The school is over. So is the school’s website. It was an abrupt closing because they were still raising money two months ago with fundraisers.

From July 5th: New Village Leadership Academy is no more. This was the private school started by Will Smith and wife Jada Pinkett Smith in 2008 with ties to Scientology. The intrepid Tony Ortega reported on his site www.tonyortega.org on Wednesday that he’d confirmed with several sources attached to the school that the Calabasas, California organization was kaput.

This must be a blow to the Smiths, especially with “After Earth” bombing at the box office.

Though the school may be closed, their website is still up. According to GuideStar.org, the non profit institution still has no Form 990 filed for 2012 But their 2011 filing shows that school chief Franca Campopiano, an avowed Scientologist, was making $200,000 a year. On website whyweprotest.org, an anonymous former parent wrote in: “This horrific institution has CLOSED! The star founders should be ashamed of the lies propagated by the unethical staff.”

Recently I reported that John Travolta had donated money to the school as a fellow Scientologist, from the charitable fund he started in his son Jett’s memory.

Because New Village still has not filed for 2012, it’s hard to say what their financial situation was. But in 2011, they claimed net assets of negative $284,931 and liabilities of $1,235,154.

The school ran from Kindergarten to 6th grade. If anyone has more info, please email me at roger@showbiz411.com. We’ll try and figure out where all the money went.

The shut down must have been sudden. Back on April 29th, New Village ran a week long fundraising auction on ebay. Some of the items included Will Smith’s suit from “Men in Black,” a Yamaha motorcycle owned by Jada, and a training session with Sugar Ray Leonard.

Box Office: “Despicable Me” Makes $100 Mil More than “Lone Ranger”

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Imagine this scenario: “Despicable Me 2” opened on Wednesday, same as “The Lone Ranger.” And now the former film has made just about $100 million more than the latter. Yikes. “The Lone Ranger” will finish today with approximately 48.3 million. That’s at least $12 million less than Disney hoped for at the high, and over a million less than their low.

Oh well — the writing was on the wall when everyone saw the movie early last week. “Despicable Me 2” now has almost $300 million internationally, making it a welcome relief for Universal Pictures. But for Disney, as everyone has now noted, this is a serious disaster with repercussions.

But this is the summer of disasters. Just look at “White House Down” and “After Earth.” You can only hope that scripts, not just budgets, will be looked at a lot more closely in the future for big studio releases.

News Corp in 21st Century: Kills WWOR’s Only Newscast

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After 20 years, Brenda Blackmon is off the air. Very quietly, Fox News aka News Corp aka 21st Century Fox has cancelled the 10pm newscast on WWOR-TV, aka My9, on Channel 9 in New York. This leaves WWOR, already in hot water with the FCC and media groups for almost no local or public affairs coverage, with a weekly half hour issues show on Sunday morning.

Once called WOR TV, Channel 9 in New York was famous for the Mets, “Romper Room,” and Morton Downey, Jr. Fox bought in 2001 even though they already owned Channel 5, WNEW, now known as Fox 5. The late night news with Blackmon and — most recently– Harry Martin — was the only local live show they had remaining.

Blackmon won all kinds of awards for local reporting during her 20 year run as the anchor of Channel 9 news. In addition to hard news, she also handled entertainment. Last year she scored the first interview with Cissy Houston after Whitney’s death–long before the big networks.

Now they say a half hour canned show called “Chasing New Jersey” will air at 11pm. Martin will go to Fox5. Blackmon, an award winning journalist and much respected, has been reassigned to the Bermuda Triangle.

WWOR has had license problems under its Fox regime since at least 2007. Late senator Frank Lautenberg was among those leading the charge at the FCC questioning Fox News’s “duopoly”– owning two local stations in a major market, as well as the New York Post.

The license was renewed based on WWOR promising to concentrate on news for northern New Jersey. Media watchdog groups petitioned the FCC saying the station wasn’t fulfilling that duty and had few actual employees in New Jersey. The station had moved to New Jersey from New York years earlier, pre-Fox, in another dispute with the government.

Now that the newscast is gone, and My9 is relegated to syndicated reruns of sitcoms and reality shows, expect the critics– like Voice for New Jersey– to get much louder.

Hamptons: Where You Run into the Governor at Dinner

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Only in the Hamptons, kids: that’s where you run into New York governor Andrew Cuomo at dinner. He and his lady friend Sandra Lee were having dinner with BMI Music chief Del Bryant and his beautiful wife Carolyn at the famed Nick and Toni’s late last night. Cuomo stopped and chatted with us on his way out, and was in an all around good mood. They may have gone to Audra McDonald’s show at Guild Hall, but I never got to ask them.

Nick and Toni’s, started more than 25 years ago by the late (and great) Jeff Salaway and his wife Toni Ross, just had its first major facelift. The food is still great. And manager Bonnie Munshin was unflappable at the end of what she called “a long week.” The new look takes a few minutes of adjustment. The tables are a little higher and the tablecloths are gone. Most surprisingly, the little outside entrance porch has been turned into a formal structure. Change is hard. We’ll all survive.

Meantime, both Debra Messing and Mariska Hargitay were in the audience on Friday night at Guild Hall for a screening of “Gasland II.” The anti-fracking documentary airs on HBO this coming week. Alec Baldwin hosted the event and emceed the Q&A with the movie’s director who played the banjo at the end of the night. Messing was alone; Hargitay came with actor husband Peter Hermann.

And while the “Gasland II” screening was going on, Mike Myers commanded a table at hot spot Sotta Sopra in Amagansett. We missed him, of course. Drat! Anyway, the wonderful manager, Rose, told us Myers was low key but funny and entertained everyone around him. Sotta Sopra has become a celeb magnet in Amagansett, with neighbor Baldwin a regular customer. Besides good food and vibe, the other attraction that it’s open late. A pizza bar functions until 3am. I’ll keep that in mind when Leon Russell plays the Stephen Talkhouse down the street in a couple of weeks.

I always avoided the play “The Mystery of Irma Vep.” I don’t know why, but it just never seemed like it was for me. The comedy by late Charles Ludlam is one of the most performed plays in the U.S. Last night I finally saw it at the Bay Street Theater in Sag Harbor. It’s very, very funny. Who knew? (Apparently not me.) ‘Irma Vep’ is an anagram for ‘vampire.’ Again, who knew?

In the audience, award winning playwright Terrence McNally. And the great New York actress Joan Copeland, whose brother was the late playwright Arthur Miller. Copeland told me she drove over from Amagansett on her own, and we talked about the incredible traffic at intermission. Later I found out she’s 91 years old! I mean, is this possible? God bless her. She looks and seems about 20 years younger!

“Lone Ranger” Financial Disaster: Will Disney Heads Roll Again?

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“The Lone Ranger” will not even hit $50 mil for its five day holiday release, from Wednesday-through-Sunday. With costs at around $250 million, it looks like the Gore Verbinski-Johnny Depp collaboration will cause another complete write down– a la “John Carter” from two years ago.

When that movie tanked, the fallout was painful. Disney had major layoffs, some of which are still reverberating. Studio head Rich Ross was ousted, and replaced by Warner Bros.’ amiable and smart Alan Horn.

The question is: so now what?

Horn is not going anywhere. “The Lone Ranger” was already in process when he arrived.  If you recall, the film was abruptly cancelled by Disney on August 12, 2011 because they said the budget was too big. But remember– they were dealing with Depp and Verbinski, who give them the still thriving “Pirates of the Caribbean” franchise. Two months later, in October 2011, “Lone Ranger” was back in the saddle. Looking at it now, it’s unclear what they cut from that budget. The movie is a bloated mess.

Disney has always had problems with live action movies. They lucked out with “The Help” a couple of years ago. But otherwise, it’s slow going. Their heyday of Bette Midler comedies like “Down and Out in Beverly Hills”  becomes more and more a distant memory.

The studio gets two more shots this year. “Frozen” is animated and like “Monsters University” should have no problems. But in live action it’s all down to “Saving Mr. Banks” with Tom Hanks playing Walt Disney himself. “Mr. Banks” is set for Christmas with Oscar aspirations. By December, though, “The Lone Ranger” failure will be reverberating in the Disney back offices– and hopefully not with more pink slips.