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MGM AND NEW LINE COME TO TERMS OVER "GOLDMEMBER"
JANUARY 24 : NEW LINE PLANS TO APPEAL New Line is planning to appeal an Industry arbitration panel ruling that ordered New Line to cease and desist from calling its latest Mike Myers spy series, "Austin Powers in Goldmember".
The Motion Picture Association of America ruled New Line's title was "inadmissable" because it infringed on MGM's copyright for the 1964 Bond classic Goldfinger. In a statement, MGM said it had a "zero-tolerance policy towards anyone who tries to trade in on the James Bond franchise without authorization."
New Line says the matter was a clerical error, failing to properly register the title.
"The issue currently in dispute does not pertain to the title or content of the film. Indeed, in 1997, New Line's use of the title "The Spy Who Shagged Me" was cleared by the MPAA. (The) hearing was solely about a procedural infraction, and nothing more, between New Line and the MPAA, which we are in the process of resolving privately," New Line says in a statement.
In 1997, MGM and the British Danjaq Productions, tried to get the MPAA to repeal the title "The Spy Who Shagged Me" but the panel sided with New Line. This time New Line improperly registered "Goldmember".
Between the original "Austin Powers: International Man of Mystery" and its sequel, New Line has grossed nearly $400 million at the box office alone.
The MPAA's decision last week forced New Line to withdraw 11,000 trailers for Goldmember in a 24-hour period. Many trailers were included in prints for "The Lord of the Rings". JANUARY 31 : NEW LINE LOSES APPEAL On January 31, The Motion Picture Assn. of America (MPAA) denied New Line Cinema's appeal of an earlier decision blocking use of the title ``Austin Powers in Goldmember'' for the third installment of the studio's 'Austin Powers' franchise.
New Line rejected an 11th-hour deal from MGM and its United Artists unit, which filed to block the title as infringing on their 'James Bond' franchise.
In a statement released by MGM : ``We are gratified that the title issue has been resolved in our favor and we intend to vigorously protect our other intellectual property rights in this matter.''
In 1999, MGM and UA petitioned the MPAA over the use of ``The Spy Who Shagged Me,'' but New Line responded in accordance with MPAA guidelines and won the right to use the title.
MGM and UA can now seek out and protest any content they find objectionable in the film itself.
``The appeal process has come to a close, and though New Line is disappointed by the MPAA's decision, we will abide by it,'' New Line said in a statement. ``We remain committed to our filmmaker's vision and are moving forward.''
"Austin Powers 3" is slated for release July 26. It features Myers in four roles, including that of the villain Goldmember.
FEBRUARY 1 : STATEMENT FROM SENIOR EXECUTIVE VP MGM Jay Rakow, Senior Executive Vice President and General Counsel of Metro-Goldwyn-Mayer Studios Inc., today issued the following statement:
``There have been erroneous reports in today's press in connection with the decision by the Motion Picture Association of America to prohibit the use of the Goldmember title by New Line Cinema.''
``For the record, Michael Lynne and Toby Emmerich of New Line Cinema approached executives of MGM on Friday, January 18, 2002, and offered to move the release date of the New Line motion picture John Q if that would resolve the title dispute over Goldmember. Contrary to press reports and statements that have been made by New Line, that offer was initiated by New Line, not MGM, and was rejected by MGM as being inadequate consideration for what New Line had done. At all times, MGM maintained that it would not resolve its dispute with New Line in the absence of a substantial cash license payment by New Line at levels comparable to what the Bond films customarily command from promotional partners, whether or not New Line wanted to fulfill its offer to move John Q as part any settlement. At no time did New Line ever make any monetary offer of any kind to MGM. The only other offers made by New Line to MGM consisted of offering the services of Mike Myers to promote the ABC telecast of the original Goldfinger, as well as other promotional services of Mike Myers, and offering to attach trailers of the forthcoming James Bond film to the Austin Powers film and the next installment of Lord of the Rings.''
``Customarily, MGM views settlement discussions as confidential. We have taken this unusual step in response to stories which purport to disclose the discussions and are inaccurate,'' added Mr. Rakow.
``Finally, MGM would like to reiterate that the two decisions against New Line, rendered unanimously by a total of six arbitrators from four different studios, speak for themselves. It is vital to maintain the integrity of the MPAA title registration procedure by which all major motion picture studios have abided for many years. MGM will seek monetary penalties pursuant to the terms of the MPAA award, and will take all other appropriate action to continue to protect its intellectual property and its filmmakers,'' he said.
APRIL 2002 : MGM AND NEW LINE COME TO TERMS OVER "GOLDMEMBER"... NEW LINE TO PAY FOR "GOLDMEMBER" TRAILERS ON MGM PRODUCT INCLUDING UPCOMING BOND FEATURE "DIE ANOTHER DAY"
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