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Warner Bros accuses Harvey Weinstein of hypocrisy over The Butler Warner Bros accuses Harvey Weinstein of hypocrisy over The Butler
(3 months later)
Warner Brothers has accused the Weinstein brothers, Bob and Harvey, of "breathtaking hypocrisy" in the latest chapter of a high-profile Hollywood spat over naming rights to the upcoming Oscar-tipped film The Butler.Warner Brothers has accused the Weinstein brothers, Bob and Harvey, of "breathtaking hypocrisy" in the latest chapter of a high-profile Hollywood spat over naming rights to the upcoming Oscar-tipped film The Butler.
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Warner and the Weinsteins are locked in a highly public battle over the title. Warner Bros claims it owns the name courtesy of a little-known 1919 silent comedy short also named The Butler, and has won backing from the Motion Picture Association of America's (MPAA) Title Registration Bureau (TRB) which mediates such disputes. The Weinstein Company's response has been to hire a high-profile lawyer, David Boies, to continue to fight its case.Warner and the Weinsteins are locked in a highly public battle over the title. Warner Bros claims it owns the name courtesy of a little-known 1919 silent comedy short also named The Butler, and has won backing from the Motion Picture Association of America's (MPAA) Title Registration Bureau (TRB) which mediates such disputes. The Weinstein Company's response has been to hire a high-profile lawyer, David Boies, to continue to fight its case.
In a letter published by the Hollywood Reporter, Warner Bros' lawyer John Spiegel said the Weinstein Company, which the brothers co-own, was a serial rule-breaker that only took note of long-standing rules over film titles when they suited its purposes – and ignored them when it did not. He also accused the Weinsteins of hyping up the spat to help raise the profile of The Butler ahead of the awards season.In a letter published by the Hollywood Reporter, Warner Bros' lawyer John Spiegel said the Weinstein Company, which the brothers co-own, was a serial rule-breaker that only took note of long-standing rules over film titles when they suited its purposes – and ignored them when it did not. He also accused the Weinsteins of hyping up the spat to help raise the profile of The Butler ahead of the awards season.
"The fact that TWC is now using a campaign of misinformation about those rules and procedures to gin up publicity for the film is not lost on anyone," writes Spiegel, adding: "TWC and its principals have operated in the TRB process with breathtaking hypocrisy.""The fact that TWC is now using a campaign of misinformation about those rules and procedures to gin up publicity for the film is not lost on anyone," writes Spiegel, adding: "TWC and its principals have operated in the TRB process with breathtaking hypocrisy."
He continues: "These are the rules and procedures – among many others – which have been in place for decades, with which TWC is intimately familiar, and which TWC has invoked many times for its own benefit. And yet, as it has also done several times in the past, TWC has chosen to proceed in reckless disregard of the rules, apparently relying on a self-spun "Weinstein exception" to the rules whenever and wherever those rules do not solely favour TWC."He continues: "These are the rules and procedures – among many others – which have been in place for decades, with which TWC is intimately familiar, and which TWC has invoked many times for its own benefit. And yet, as it has also done several times in the past, TWC has chosen to proceed in reckless disregard of the rules, apparently relying on a self-spun "Weinstein exception" to the rules whenever and wherever those rules do not solely favour TWC."
Spiegel cites the films Scream, Il Postino and Control as examples of movies where the Weinstein Company chose to defy the bureau's rulings and was subsequently hit by a number of sanctions and injunctions. He also suggested TWC might have avoided issues over the title The Butler by bringing up the matter with Warner and the TRB rather earlier than it did.Spiegel cites the films Scream, Il Postino and Control as examples of movies where the Weinstein Company chose to defy the bureau's rulings and was subsequently hit by a number of sanctions and injunctions. He also suggested TWC might have avoided issues over the title The Butler by bringing up the matter with Warner and the TRB rather earlier than it did.
"TWC began promoting its film in September 2012, two months before TWC even attempted to register the title with the TRB," writes Spiegel. "TWC attempted unsuccessfully to register the title in November 2012, and continued to use the title without authorisation for eight months after its registration was denied … Had TWC timely sought to register the title and timely sought a waiver from Warner, there would have been ample opportunity for TWC to register a clearly similar title if Warner denied the waiver.""TWC began promoting its film in September 2012, two months before TWC even attempted to register the title with the TRB," writes Spiegel. "TWC attempted unsuccessfully to register the title in November 2012, and continued to use the title without authorisation for eight months after its registration was denied … Had TWC timely sought to register the title and timely sought a waiver from Warner, there would have been ample opportunity for TWC to register a clearly similar title if Warner denied the waiver."
Boies has responded to the latest letter, also publicly, threatening further legal action and accusing both Warner and the MPAA of being "at odds with established custom, practice, and procedure". He writes: "None of this controversy would have occurred if Warner Bros had not repudiated its representations and agreements not to object to The Butler in a transparent attempt to hold a major civil rights film hostage to extort unrelated concessions from TWC."Boies has responded to the latest letter, also publicly, threatening further legal action and accusing both Warner and the MPAA of being "at odds with established custom, practice, and procedure". He writes: "None of this controversy would have occurred if Warner Bros had not repudiated its representations and agreements not to object to The Butler in a transparent attempt to hold a major civil rights film hostage to extort unrelated concessions from TWC."
Boies' reference to the MPAA suggests the Weinsteins could once again find themselves challenging the authority of the organisation which polices the US film industry (and is also funded by it). Harvey Weinstein was locked in a battle with the association last year over the anti-bullying documentary Bully, which initially received a prohibitive "R" rating that would have prevented many teenagers from seeing it legally. Weinstein won after a petition of more than 500,000 signatures from teenagers was presented to the MPAA and the organisation backed down, handing the film a PG13 – but only after Bully had been released "unrated" in many cinemas.Boies' reference to the MPAA suggests the Weinsteins could once again find themselves challenging the authority of the organisation which polices the US film industry (and is also funded by it). Harvey Weinstein was locked in a battle with the association last year over the anti-bullying documentary Bully, which initially received a prohibitive "R" rating that would have prevented many teenagers from seeing it legally. Weinstein won after a petition of more than 500,000 signatures from teenagers was presented to the MPAA and the organisation backed down, handing the film a PG13 – but only after Bully had been released "unrated" in many cinemas.
The Butler is seen as one of the early contenders for awards season success in 2014. The film's much-garlanded cast includes Oscar-winner Forest Whitaker as a servant called Cecil Gaines, based on the real-life White House butler Eugene Allen, who served presidents between 1952 and his retirement in 1986. Oprah Winfrey plays Gaines's wife, Gloria, with Britain's David Oyelowo as his civil-rights activist son, Louis. Robin Williams, Melissa Leo, James Marsden, Minka Kelly, John Cusack, Alan Rickman and Jane Fonda appear as the various US presidents and first ladies Gaines meets along the way. The film is directed by Precious's Lee Daniels and will debut in the US on 16 August.The Butler is seen as one of the early contenders for awards season success in 2014. The film's much-garlanded cast includes Oscar-winner Forest Whitaker as a servant called Cecil Gaines, based on the real-life White House butler Eugene Allen, who served presidents between 1952 and his retirement in 1986. Oprah Winfrey plays Gaines's wife, Gloria, with Britain's David Oyelowo as his civil-rights activist son, Louis. Robin Williams, Melissa Leo, James Marsden, Minka Kelly, John Cusack, Alan Rickman and Jane Fonda appear as the various US presidents and first ladies Gaines meets along the way. The film is directed by Precious's Lee Daniels and will debut in the US on 16 August.
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