Mann Fights for Control Over "Heat" Screenplay Rights

Michael Mann is set to begin production on "Heat 2 in January, but he's not done battling over the rights to his original screenplay.

New Regency, the production company behind the 1995 film, claims it still owns the copyright and has filed a lawsuit against Mann. The dispute centers around whether Mann can reclaim the copyright to his work under the Copyright Act. According to New Regency, the screenplay was created as part of an employment agreement with the studio.

Mann's lawyers have sent termination notices to New Regency, arguing that he has the right to regain control over his original work. However, New Regency disputes this claim, asserting that the screenplay falls under the category of a work made for hire. This designation would prevent Mann from reclaiming the copyright.

The lawsuit filed by New Regency seeks a court ruling that declares Mann's termination notices invalid and affirms the company's ownership of the original Heat screenplay. The move has sparked a fierce response from Mann, who is committed to defending his rights in court.

Mann's representatives have vowed to fight the lawsuit with all necessary vigor. A spokesperson for Mann emphasized the importance of protecting the author's statutory rights under the Copyright Act, stating that Mann is exercising his right to reclaim his original creation after 40 years.

Warner Bros. acquired the rights to the Heat screenplay in 1994 from Mann's loan-out company through a deal that was explicitly labeled as a work made for hire agreement, not an assignment of rights.

This distinction is crucial because it means Warner Bros. cannot terminate its right to use the screenplay under the terms of the Copyright Act. The law allows authors to cancel assignments of rights after 35 years, but this does not apply in cases where the author has designated a work as made for hire.

Mann's lawyers initially informed New Regency that Mann had assigned his rights to his loan-out companies in 1988 and was seeking to terminate that agreement. However, when New Regency requested a copy of the agreement, they were told it was an oral understanding between Mann and himself, rather than a formal contract with his loan-out companies.

The lawsuit claims that this supposed oral agreement is based on a fictional arrangement where Mann simultaneously acted as both himself and two separate entities: MMCo. and ZZY.

The copyright dispute surrounding Michael Mann's original Heat screenplay has taken another turn as he seeks to reclaim rights to his work. This move comes despite agreements made between Mann and New Regency, which have since been assigned to Amazon MGM Studios.

According to the complaint, these deals address the ongoing dispute over ownership of the screenplay, ensuring that the production of Heat 2" remains unaffected by the controversy. The film's original producer, Warner Bros., had previously backed out of the project before Amazon stepped in to acquire it. With Mann assigning any potential reclaimed rights to Amazon, the studio appears to have secured its position on the matter.