Anime Distributor wants to clarify they got the rights for the Live-action movie
Evangelion fans, you may have to wait a little longer before you see your favorite characters on the big screen.
AD Vision Inc. (more commonly known as ADV Films), a Texas-based anime distributor, has sued Japanese production firm Gainax Co. Ltd. in the US Federal District Court for the Southern District of Texas Thursday.
In particular, ADV is asking the court to “clarify certain rights and obligations” on their copyrights stated in their agreement with Gainax.
The dispute is about Gainax’s Neon Genesis Evangelion movie rights, which ADV says they own all the copyrights for the franchise, and that Gainax “refuses to confirm ADV’s acquisition of copyrights and other rights in, Evangelion, disputes the same, and has otherwise refused to perform its obligations under their agreement.”
ADV and Gainax signed a Memorandum of Agreement (MOA) in 2003 for the option to produce at least three live-action theatrical movies, five TV programs, and three Direct-to-video releases.
The option was announced during the Cannes Film Festival 2003 as a joint project with Gainax, Peter Jackson’s Weta Workshop and ADV.
ADV asserted that it made six payments to Gainax from the period 2004-2009 for the development rights and to secure an option for the movie rights.
The development rights were used to solicit interest in the movie project.
To extend the said option, which was to expire on February 28, 2010, ADV paid Gainax an additional US$100,000, however, ADV said that when it requested for Gainax to obtain materials for development, the Japanese production company “delayed” the delivery of such materials.
ADV “lost a major studio opportunity for the Motion Picture Rights.” because of the delay.
The distributor also said that Gainax tried to modify the MOA, which was rejected on July 25, 2010. ADV said in a letter to Gainax that Gainax wanted to return the monies and discuss an option extension, but the distributor still stresses their overall right to the movie option.
On July 27 of this year, Gainax, through an attorney, returned the US$100,000 check and saying they disputed the ownership of such movie rights.
The Japanese production firm claims that they have a right to veto financing if they found the project unacceptable, But ADV contends that the contract is in good faith and the only condition was to only pay the rights fee within the option period, thus, Gainax is in a breach of contract.
ADV is asking the court to declare their option still valid past February 28, 2010 and also to declare that they are the sole owner of the motion picture rights.
In addition, the distributor wants to declare that they are “the sole owner of the Motion Picture Rights and only needs to pay Gainax provided the project advances forward as written in the agreement.”. Further, Gainax must sign every document that ADV requires, and also pay the corresponding attorney’s fees.
SOURCE: Crunchyroll News
Last January 1st, ZEN Otaku Honbu has been rebranded as Anime Pilipinas.
New Name, but still has the same goal in going deeper into the Japanese Anime
& Pop-culture in the country and elsewhere in the world, from a Filipino standpoint.
For the Latest News and Other Opinion Posts, Please visit our new website at AnimePilipinas.com,
and also follow our social networking accounts.
ZENhonbuPH.net will remain as an archive site.