Widgets Magazine

AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • [R1 DVD] AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

    Widgets Magazine
    via CR news
    AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

    The nitty gritty on the Eva legal dispute

    Texas based North American anime distributor AD Vision Inc. (aka ADV Films) is suing Japanese anime production firm Gainax Co. Ltd (aka Gainax) over a dispute over whether they have acquired specific rights, including those to produce the long discussed live-action Evangelion film. ADV is asking for declaratory relief and the court to declare that ADV owned the copyrights stated in the agreement.

    In Feburary of 2003, ADV and Gainax both signed a Film Option and Purchase agreement. The agreement allowed for "the possible development, production, financing and exploitation of at least three (3) live-action theatrical motion pictures, five (5) television programs and three (3) direct-to-video movies products (each, a “Project”)."

    ADV states that it paid fees and extension fees to Gainax for the Development Rights and to secure an option for the Motion Picture Rights for the series and by making those payments, which Gainax accepted, ADV acquired Development Rights and secured said option through February 28, 2010. ADV has since used their Development rights to try and solicit interest in the project.

    By acquiring the option ADV could then acquire the Motion Picture Rights by paying a fee to Gainax of 1 million dollars or 2% of the budget, whichever was lesser, of which 10% was due upon obtaining financing. On February 17th, 2010, ADV then paid $100,000 (10% of 1 million dollars) to Gainax to acquire the Motion Picture Rights. Afterwards, ADV requested the copyrights from Gainax, which they refused, or delayed producing, and refused to meet with ADV about. During this time ADV claims that they lost an opportunity to produce the film with a major studio and notified Gainax about this.

    ADV claims Gainax attempted to modify the agreement, which ADV rejected on July 15, 2010. According to ADV's letter back to Gainax, Gainax wanted to return the monies and discuss an extension of the option, while ADV contended they had paid the fees and thus owned the rights. After further back and forth between the companies, on July 27th, 2011, Gainax sent ADV a letter from an attorney, disputing ADV's acquisition of the rights along with the check returning the $100,000.

    ADV claims that Gainax says there were implied conditions required to purchase the motion picture rights. Additionally, Gainax claims they had a right to veto the financing if they found it to be unacceptable. Thus Gainax claims the payment was void and ADV did not acquire the rights.

    ADV on the other hand contends that the agreement is clear and the only condition was that they pay the rights fee within the option time, which they did in full. Thus Gainax is in breach of contract.

    ADV is asking the court to declare that:
    1) The option period was valid until Feburary 28th, 2010 because all option fees and extension fees had been paid.
    2) The $100,000 was paid during the term of the option.
    3) There were no additional conditions besides paying the fee and ADV had followed the agreement.
    4) ADV has the motion picture rights because it has paid the $100,000.
    5) ADV is the sole owner of the Motion Picture Rights and only needs to pay Gainax provided the project advances forward as written in the agreement.
    6) Gainax must sign everything and provide the documents that ADV requires, and Gainax pays attorney fees.
    Last edited by WTK; 08-12-2011, 08:06 PM.

  • #2
    Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

    Have fun, both of you (ADV and Gainax).
    Avatar: Craft Lawrence from Spice and Wolf.
    Scratchy for Tama is angry.
    I'm a little tired now...I want soda.
    Casual

    Comment


    • #3
      Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

      ADV is still alive? Ahh, I see Sentai's game. Using a retired company to sue and if they don't win it won't hurt them. Smart move Sentai..

      Comment


      • #4
        Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

        Originally posted by Dragonpiece View Post
        ADV is still alive? Ahh, I see Sentai's game. Using a retired company to sue and if they don't win it won't hurt them. Smart move Sentai..
        It's being known that ADV's name is still around (also noted by DLW in a couple cons in the past). It's unknown at what capacity it's in after DLW left. Sentai Filmworks is said to be a separate entity. Unless noted clearly (or on the lawsuit), I wouldn't include Sentai in this.

        Comment


        • #5
          Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

          Originally posted by WTK View Post
          Originally posted by Dragonpiece View Post
          ADV is still alive? Ahh, I see Sentai's game. Using a retired company to sue and if they don't win it won't hurt them. Smart move Sentai..
          It's being known that ADV's name is still around (also noted by DLW in a couple cons in the past). It's unknown at what capacity it's in after DLW left. Sentai Filmworks is said to be a separate entity. Unless noted clearly (or on the lawsuit), I wouldn't include Sentai in this.
          Sentai isn't mentioned once in any of the documents. This is entirely with ADV and them being a holding company for the old projects and contracts.

          Comment


          • #6
            Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

            ... the bigger shock here is that they are still dead serious about a live-action Eva movie.

            Wow, just wow.
            Most Wanted US Releases: RahXephon (BD upgrade), Kemonozume | Current Avatar: Charlotte Dunois from Infinite Stratos

            Comment


            • #7
              Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

              The ship has pretty much sailed regarding my interest in this project. Though it is nice to finally know why it never materialized in those 8 years.
              Avatar: Misaka Mikoto, the Railgun. Level 5 Electromaster and Ace of Tokiwadai Middle School.

              Comment


              • #8
                Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                Originally posted by TheGoldenWaste View Post
                ... the bigger shock here is that they are still dead serious about a live-action Eva movie.

                Wow, just wow.
                Hey, if it ever makes it into actual production, it might just be primed to surf the inevitable 90s nostalgia wave.
                Avatar: Ruri "Kuroneko" Gokou from Ore no Imouto ga Konnani Kawaii Wake ga Nai.

                I just imagined Najimi wearing a frilly dress and twirling in front of a mirror in excitement... it's horrifying...
                -Tsuyuri, Doujin Work

                Comment


                • #9
                  Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                  Originally posted by TheGoldenWaste View Post
                  ... the bigger shock here is that they are still dead serious about a live-action Eva movie.

                  Wow, just wow.
                  Yeah, I'm honestly surprised that they're still bothering with this. It doesn't seem like this would do wonders with their relationship with Gainax, either. I hope there aren't any Gainax shows that they'll want to license anytime soon; I would think that the ongoing lawsuit would cast a shadow over rights negotiations.

                  Comment


                  • #10
                    Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                    Originally posted by Glorian View Post
                    Originally posted by TheGoldenWaste View Post
                    ... the bigger shock here is that they are still dead serious about a live-action Eva movie.

                    Wow, just wow.
                    Yeah, I'm honestly surprised that they're still bothering with this. It doesn't seem like this would do wonders with their relationship with Gainax, either. I hope there aren't any Gainax shows that they'll want to license anytime soon; I would think that the ongoing lawsuit would cast a shadow over rights negotiations.
                    Properly done, a live action Evangelion franchise would be amazing - and probably very lucrative. This isn't Akira or Dragonball - Eva is almost perfectly suited to be a big blockbuster.

                    Even just the rights are probably lucrative - didn't the Saul Zaentz Co. (which owned the movie rights to The Hobbit) get something like a million dollars just to allow a live action version? So its worth fighting over. What's left of ADV is probably being used as a shell company - a strategy that's been used before. Otherwise valueless corporate entity used to acquire something valuable, but has no other reason for existing . . .
                    "The roaring of lions, the howling of wolves, the raging of the stormy sea, and the destructive sword, are portions of eternity too great for the eye of man."

                    -William Blake, "The Marriage of Heaven and Hell"

                    Comment


                    • #11
                      Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                      Originally posted by Glorian View Post
                      Yeah, I'm honestly surprised that they're still bothering with this. It doesn't seem like this would do wonders with their relationship with Gainax, either. I hope there aren't any Gainax shows that they'll want to license anytime soon; I would think that the ongoing lawsuit would cast a shadow over rights negotiations.
                      I could easily see Gainax reacting negatively to this in such a way. Heck, other companies might end being extra cautious as well. Especially if they decide to place more of the blame on ADV than Gainax.

                      In any case, I'm convinced the movie stuff is just a long term comedy act. Where on occasion the only thing they're really doing is reminding us that the concept exists. Heck I could easily see the following happen.

                      ADV: Ok, guys. Here's the plan. We'll wait until May 17 2012. At which point we'll talk about the fact we're currently in the long term process of deciding if we want to use scrolling text for the opening or fading text. Now we need to come up with something for June 29 2013. Any ideas?
                      Avatar: Princess Rei

                      Comment


                      • #12
                        Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                        Wow...this sure came out of nowhere... Wonder what will be the end of this...

                        Comment


                        • #13
                          Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                          Originally posted by Tenshi Hinanai View Post
                          In any case, I'm convinced the movie stuff is just a long term comedy act.
                          I'm not. I've chatted up some of my screenwriter friends enough to have a pretty good handle on the frequency at which projects fall into development hell. This sort of glacial pace is an essential hazard of moviemaking-by-committee -- which, let's face it, is the only way that an Eva film would ever get made.
                          Avatar: Ruri "Kuroneko" Gokou from Ore no Imouto ga Konnani Kawaii Wake ga Nai.

                          I just imagined Najimi wearing a frilly dress and twirling in front of a mirror in excitement... it's horrifying...
                          -Tsuyuri, Doujin Work

                          Comment


                          • #14
                            Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                            ADV still being enough of an existing company for this news to be possible is the biggest surprise to me.
                            My Top Anime | Manga
                            My Collection 1 | 2 | 3
                            My FP Reviews | Twitter
                            FPR Episodes | Apple

                            Comment


                            • #15
                              Re: AD Vision Inc. Sues Gainax Co. LTD Over Live-Action "Evangelion" Movie Agreement

                              Originally posted by Citizen Klaus View Post
                              Originally posted by Tenshi Hinanai View Post
                              In any case, I'm convinced the movie stuff is just a long term comedy act.
                              I'm not. I've chatted up some of my screenwriter friends enough to have a pretty good handle on the frequency at which projects fall into development hell. This sort of glacial pace is an essential hazard of moviemaking-by-committee -- which, let's face it, is the only way that an Eva film would ever get made.
                              I have through watching some reviews come across things like "This movie ran into several production problems" or "This movie took forever to be finished because" or anything like that. Your post reminded me of that. That being said, even through there is a seriousness to the situation, I can't help but feel it's got a level of ridiculousness attached to it. Even if not intentional.
                              Avatar: Princess Rei

                              Comment

                              Widgets Magazine
                              Widgets Magazine

                              Channels

                              Collapse

                              Widgets Magazine
                              Widgets Magazine
                              Working...
                              X