1104 Citizen Kane

[Antoine Doinel]

Beatrice Welles strikes again. From IMDB:

Court Raises 'Kane' Suit

A federal appeals court in San Francisco has revived a lawsuit filed by the daughter of Orson Welles in which she claimed that the estate of the renowned filmmaker is entitled to a percentage of the profits from sales of Citizen Kane. The film is currently part of the library of films owned by Turner Entertainment Co., a division of Time Warner. An attorney for Beatrice Welles later told Bloomberg News that under an agreement she signed with Turner the reversal of the lower-court decision will entitle her to compensation amounting to "seven figures." But David Quinto, a lawyer for Turner Entertainment, disagreed, saying, "Beatrice Welles hasn't won anything yet." He suggested that the case may still go to trial.

[Matt]

Ms. Welles must have some deep pockets if she wants to take Time Warner to court. Too bad her father never had that much money. If reincarnation exists, she's going to come back as a carrion eating insect.

[ByMarkClark.com]

Dammit, this isn't helping us get AMBERSONS on DVD!

[Awesome Welles]

As much as I hate the big corporations which now run the studio system which insist on churning out such rubbish that is ruining the cinema industry (Shrek 4 and 5 anyone?) I also really detest a sponge. Has Beatrice Welles ever done anything with her life expect stop and delay the release of her father's films?

I only hope she doesn't stop what will hopefully be the not too far away release of The Other Side of the Wind.

[exte]

Ms. Welles must have some deep pockets if she wants to take Time Warner to court. Too bad her father never had that much money. If reincarnation exists, she's going to come back as a carrion eating insect.

I don't understand your view at all. How could the Welles estate not be entitled to a share of the profits from Welles dvd sales or any future formats?

[Antoine Doinel]

Turner, who owns all RKO Films, is arguing that a 1939 contract with Welles gives him the rights to all future uses of the film. What is being argued here by Beatrice Welles is that she claims a seperate agreement was made in which a share of the profits would be given to her. Details can be read here.

I guess we can forget about The Magnificent Ambersons and The Other Side Of The Wind for now.

[Matt]

Ms. Welles must have some deep pockets if she wants to take Time Warner to court. Too bad her father never had that much money. If reincarnation exists, she's going to come back as a carrion eating insect.

I don't understand your view at all. How could the Welles estate not be entitled to a share of the profits from Welles dvd sales or any future formats?

Frankly, the film ought to be in the public domain at this point. I just have no sympathy for the heirs of artists who withhold the artists' work from the public because they want to live off the profits of it instead of making their own way in the world.

[Awesome Welles]

Frankly, the film ought to be in the public domain at this point. I just have no sympathy for the heirs of artists who withhold the artists' work from the public because they want to live off the profits of it instead of making their own way in the world.

My sentiments exactly.

[kinjitsu]

Beatrice Welles, 51, sued Turner Entertainment Co. in 2003 alleging that a 1944 agreement discovered by an archivist promised the famous actor and screenwriter 20 percent of future royalties from sales of the movie. The studio argued that the agreement didn't include revenues from video and DVD rentals and sales, which weren't foreseen at the time.

A court of appeals ruled Wednesday that Beatrice Welles, daughter of maverick filmmaker and star Orson Welles, may be entitled to home video rights and profit participation for the classic 1941 film.

In the ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals found unanimously that it is unclear if a 1939 contract giving RKO Radio Pictures Inc. the film and television rights to Citizen Kane also gave it the home video rights for the now-classic film.

The San Francisco-based court today determined that a lower court erred in deciding the case in favor of Turner Entertainment Co. without properly weighing a 1939 contract Orson Welles signed with RKO Radio Pictures Inc. governing rights to the film.

"We hold that the contract is ambiguous regarding which party owns the right to exploit the Citizen Kane screenplay on home video,'' a three-judge panel of the 9th U.S. Circuit Court of Appeals wrote, sending the case back to the district court in Los Angeles for further review.

The appeals court also ruled that the district court must reconsider whether Beatrice Welles is entitled to share in profits from the distribution of Citizen Kane.

The district court was correct to throw out her claim that a second contract necessarily returned the copyright ownership of Citizen Kane to Mercury Productions Inc., her father's production company, the appeals court ruled.

Steven Ames Brown, a San Francisco lawyer who represents Beatrice Welles, said that under a confidential agreement between the parties reached after the original ruling two years ago, Welles was entitled to compensation "if there is a reversal for any reason."

"Welles is not saved by the settlement agreement,'' Brown said.

David W. Quinto of Quinn Emanuel in Los Angeles, who represents Turner, asserted, "Beatrice Welles hasn't won anything yet."

According to the terms of the agreement, Quinto said, the screenplay rights of the movie "will not be asserted by Welles to interfere with the home distribution of DVDs'' of the movie. Should the case go to trial, he said, Welles can't produce evidence she is owed royalties.

Scott Rowe, a spokesman for Warner Bros. Entertainment Inc., a unit of Time Warner, said in an e-mailed statement that the company is "pleased that the 9th Circuit upheld our copyright in the motion picture'' and confident it "will prevail in the district court on the remaining two issues that were remanded.''

Although the appeals court found there was a "triable issue" as to whether the parties intended for future technologies such as DVDs to be covered under the original contract, Quinto said Turner would prevail on that question if the case went to trial.

Quinto also said there was no evidence of any contract after Welles and RKO parted ways in 1944 that would entitle the estate to "Citizen Kane" royalties.

The three-judge panel said a lower court was wrong to side against her in favor of Turner Entertainment Co., a unit of Time Warner Inc., without adequately considering a 1939 contract between Welles and RKO Radio Pictures Inc. Turner, which owns much of the RKO library, distributes Citizen Kane.

"We hold that the contract is ambiguous regarding which party owns the right to exploit the 'Citizen Kane' screenplay on home video," the 9th Circuit U.S. Court of Appeals said.

The panel also said a trial court should have heard Beatrice Welles' claim that her father's estate could be owed a profit share from the movie under a possible separate agreement.

"Home video was not invented when the parties signed the production agreement in 1939, the right to distribute Citizen Kane on home video is quite different from the right to display Citizen Kane on television, and the production agreement does not specify who owns the right to exploit the original story screenplays in media that had not been invented in 1939," Circuit Judge Ronald Gould wrote.

The opinion overturns part of a 2004 decision by a lower court judge, who had found in favor of Turner Entertainment on the issue of video rights.

The panel agreed, however, with the lower court's finding that Welles does not own film and TV rights to the film. She had argued that a 1944 agreement between her father and RKO that terminated a three-picture acting contract had also rescinded the granting of rights in 'Citizen Kane' to RKO.

Under California law, " 'terminate' and 'cancel' mean something different from 'rescind,' " the ruling states.

[dx23]

From Blu-ray.com:

Ben-Hur and Citizen Kane DVDs Vaulted, Blu-ray in 2011

Posted April 28, 2010 03:51 AM by Juan Calonge


Warner Bros.Warner Home Video has announced a moratorium initiative in North America for two of its best-selling titles. As of May 10, the DVD of Citizen Kane will be pulled from shelves; in July 12, Ben-Hur will follow. Both films are undergoing comprehensive restorations in preparation for their return in 2011 – now on Blu-ray.

Jeff Baker, Warner's Executive Vice President and General Manager, Theatrical Catalog stated, "As in the past, Warner Home Video is, once again, placing two of our 'event' titles on moratorium 12-18 months in advance of major re-releases." He added: "We know that it will be worth the wait, as significant content additions are being developed, and Ben-Hur, in particular, has been selected to receive the Ultimate Collectors Edition treatment, reminiscent of The Wizard of Oz, Gone with the Wind and Woodstock, which celebrated anniversaries in 2009."

Last year, WHV put three movies in moratorium: Caddyshack, Doctor Zhivago and The Exorcist (see blu-ray.com, August 7, 2009). The first two have already been announced on Blu-ray; the third is expected to be announced later in the year.

Note that Ben-Hur had appeared in a provisional release schedule for 2010

[mfunk9786]

Woooooooooo and I was just thinking "well, maybe I should sell Citizen Kane, I've seen it plenty of times and there's sure to be a BD around the corner." So glad I didn't - by the end of the year the value should go up a bit.

[atcolomb]

Lets hope for The Magnificent Ambersons in 2012 for it's 70th anniversary......

[Dr. Geek]

[dx23]

From Amazon.com Facebook page.

Pre-order the 70th Anniversary Ultimate Collector's Edition of "Citizen Kane," finally available on Blu-ray. Our Amazon.com-exclusive edition also includes "The Magnificent Ambersons" on DVD for the first time in the U.S.
Pre-order the 70th Anniversary Ultimate Collector's Edition of Citizen Kane
http://www.amazon.com" onclick="window.open(this.href);return false;
First time on Blu-ray: Orson Welles’ timeless masterwork is more than a groundbreaking film. Presented here in a magnificent 70th anniversary digital transfer with revitalized digital audio from the highest quality surviving elements, it is also grand entertainment, sharply acted and superbly directed with inspired visual flair. Amazon-exclusive Blu-ray edition includes "The Magnificent Ambersons" on DVD.

[Roger Ryan]

Given that the KANE Blu-ray has no new bonus features, retains the biased and often-times off-topic (as far as Welles' film is concerned) BATTLE OF CITIZEN KANE with the deluxe edition adding the very questionable and inaccurate RKO 281 plus the inexplicable dumping of AMBERSONS on DVD...

I'd like to note that I find the "puzzle-piece" cover art to be a pleasant change of pace from the standard "low angle of Kane behind the podium" still.

Must be happy for small things, I guess.

[Der Spieler]

I hope they put out a version with just the movie and extras. I don't really care to shell out the extra cash for lobby cards and stuff I'll probably never take out of the box.

[swo17]

All these elaborate boxsets (Casablanca, Oz, GWTW, Kwai) have been followed by more reasonable editions a year or so down the line. The big question here is what if anything will happen with Ambersons at that time.

[hearthesilence]

Given that the KANE Blu-ray has no new bonus features, retains the biased and often-times off-topic (as far as Welles' film is concerned) BATTLE OF CITIZEN KANE with the deluxe edition adding the very questionable and inaccurate RKO 281 plus the inexplicable dumping of AMBERSONS on DVD....

Still makes me wretch that they're slapping garbage like Battle of Citizen Kane and RKO 281 on top of the actual movie. Like packaging a copy of Albert Goldman's The Lives of Lennon and Michael Schultz's Sgt. Pepper movie with a Beatles album.

[ShellOilJunior]

The UK edition might just be the Blu-ray and the original extras. I can't see myself paying over $40 for a set that's 75% DVD with some pretty cardboard thrown in.

Furthermore, there doesn't seem to be a logical reason for WB dumping Ambersons on DVD. At 88 minutes and decent materials available why not a Blu-ray for it, too?

[Jonathan S]

Any UK edition will have to come (or be licensed) from Universal, who were usually incapable of releasing decent DVDs of RKO titles, though Kane was one of their better transfers. I see Amazon UK has a "sign up to be notified" Blu-ray page but since the image appears to be based on the R1 DVD, I wonder if that's an Amazon mock-up? I suppose Universal UK might license Warner's HD transfer but for the DVD they used their own. Has there been any definite news about a UK edition? (Given that Universal is apparently licensing UK DVD rights for other RKO films to Odeon, maybe MoC could bid for a Blu-ray Kane?)

[Der Spieler]

Warner are probably trying to capitalize on the fact that this might be one of the most anticipated HD releases of a classic movie ever. A lot of people won't be able to wait anxiously for a simpler version to come out. So they'll just shell out the 50 bucks and shut up. As my DVD version is still within reach should I feel an insuppressible urge to watch 'Kane', I think I'll patiently wait for a release that won't feel like somebody is shoving something up my ass.

[swo17]

Tommy Wiseau recommends Citizen Kane.

[Drucker]

wbshop.com

The newspaper headlines are part of the news on the march segment, right? If so, doesn't really look like the grittiness has been re-inserted...but then again, streaming isn't a good way to determine Blu Ray quality. Also, funny how they give away what Rosebud is in the trailer. I'm sure most people know, but what about first time viewers?

[Roger Ryan]

The newspaper headlines are part of the news on the march segment, right? If so, doesn't really look like the grittiness has been re-inserted...but then again, streaming isn't a good way to determine Blu Ray quality.

There were varying degrees of damage intended for the newsreel sequence. The newspaper headlines would have represented newly-shot footage, so those would have been among the cleanest. Stock footage of Kane from 25 to 30 years earlier was distressed the most (such as the "campaigning with Theodore Roosevelt" snippets) with more recent stock footage less distressed (Kane with Hitler).

The real test will be how the overall brightness and contrast are handled (and whether they restored the rain outside Bernstein's office window!). If one was to judge from last week's showing on TCM-HD, I'd say the Blu-ray will look virtually identical to the 2000 DVD but with improved clarity.

[Gregory]

Also, funny how they give away what Rosebud is in the trailer. I'm sure most people know, but what about first time viewers?

I knew what Rosebud was years before I ever got to see the film thanks to this Peanuts strip. I don't think it spoiled the film for me at all, but it is funny how the strip does the same thing that Lucy is portrayed as doing in a casually mean manner, only on a much larger scale.