Ahead of production on the sequel to the 1995 crime drama, New Regency sued filmmaker Michael Mann in a Los Angeles federal court to stop him from reclaiming copyright ownership of the original screenplay.
Regency Sues Michael Mann
Seeking a judicial declaration that three termination notices served by Mann are null and void, New Regency filed a complaint in a Los Angeles federal court.
New Regency asserts that “the ‘Heat’ screenplay is not eligible for copyright termination under 17 U.S.C. § 203, and that [the company] retains all rights to the screenplay.” The studio maintains that Mann authored the 1995 crime epic as a work made for hire.
The studio calls this “a fact that Mann stated repeatedly in written agreements that he personally signed, both on his own behalf and on behalf of companies that he controlled.” The lawsuit states that the termination notices “cloud Regency’s title to the Screenplay and impair its ability to develop, finance, and license works derived from it.”
The complaint adds that provisions in agreements both parties signed with Amazon regarding the upcoming sequel depend on the outcome of the litigation.
Disputing a 1988 Oral Agreement
Mann served three notices to New Regency earlier this year. He sought to take back the copyright for the film’s screenplay and associated materials.
The first notice sought to terminate all copyright grants. This included an alleged 1988 oral agreement involving Mann and two companies he controlled, MMCo. and ZZY.
Mann’s legal counsel initially informed New Regency that he had assigned his rights to his loan-out companies in 1988 and aimed to terminate that agreement. Counsel later reportedly claimed the arrangement was never put into writing and that he had only recently uncovered it.
New Regency’s lawsuit describes the alleged oral assignment as a situation where Mann “simultaneously spoke on his own individual behalf, as well as on behalf of MMCo. and ZZY.” When New Regency requested a copy of the agreement, it was allegedly told that the arrangement was oral.
According to the complaint, Warner Bros. acquired the rights to the screenplay in 1994 through a deal with Mann’s loan-out company. That deal explicitly classified the work as made for hire.
Director Michael Mann Responds
Representatives for the director pushed back against the studio’s claims. They said that the writer and filmmaker is exercising rights granted under federal law.
This filing has to do with original and personal writing Michael Mann did on multiple screenplays during the 1980s and which evolved into the iconic 1995 film Heat that Mann wrote, produced and directed. After 40 years Michael Mann is exercising the right of authors to reclaim their work and, in this case, Michael Mann’s original creation.
Spokesperson for Michael Mann, via The Wrap
Mann’s team maintained that they “will vigorously defend this action and are confident that the courts will vindicate Michael Mann’s statutory rights under the Copyright Act.” Representatives also clarified that the legal battle “is unrelated to production of Heat 2, which will begin shooting on January 19.”
Production Status for Heat 2
Warner Bros. was originally set to produce the sequel. The studio backed out last year, and Amazon MGM Studios subsequently acquired the project.
Mann and New Regency have both entered into agreements with Amazon that account for the active copyright dispute. Mann is assigning any rights he may reclaim directly to Amazon.
Production on the sequel is scheduled to begin on January 19. Mann returns to write and direct from his 2022 novel co-written with Meg Gardiner.
The upcoming film stars Leonardo DiCaprio, Christian Bale, Adam Driver, Stephen Graham, and Jason Clarke. They star alongside characters connected to the original film that starred Al Pacino, Robert De Niro, and the late Val Kilmer.
