DOC ZINN - "If I were a writer, famous enough not to need the money, there'd be no contract without my retaining full approval rights."
Then you would not sell it, Doc.
As for the Cussler suit, I don't know exactly what happened, but I can assure you, the studios and their lawyers have so many ways to get around "creative control," or other "paragraphs in a contract, it isn't even funny.
Let me give you an example with which I'm very familiar.
A good friend of mine was hired to do about the fourth or fifth rewrite of what became a very, very successful movie. Now, in "the Biz," a standard deal made with writers, actors, directors, etc., is that part of the "loot" that person receives, is a "% of
net profit" from the film.
Sounds good, huh? Unfortunately, the way that Hollywood "creative accounting" works, there is
NO net profit. For the studio, there are expenses and expenses and expenses of so many kinds that are thrown against the film's box office gross, that the net profit is reduced to, in most cases, a loss.
The studio beats the tax man, plus anyone who had a contract for a % of net profit.
That's why there are only a very few very powerful directors and actors who can make a deal for a % of the
BOX OFFICE GROSS. At that point, that person has what can be a very handsome sack of coins to take to an off shore bank in the Grand Cayman islands.
So, back to my friend. Somehow, when the contracts were made up in the legal department of the studio -- perhaps by some young, just hired studio lawyer who let it slip by, the contract stated my friend was to receive a % of the GROSS.
Later, when the flick became so popular and money was flowing into the studio's coffer like water over Niagara, my friend demanded an accounting. Because of his contract, he figured the studio owed him $7,500,000.00.
The studio said they just made a mistake in the typing of the contract and they would not pay him. Said his cut should have been a % of net.
So, my friend sued the studio. The case went to court. The court found IN FAVOR of my friend. $7,500,000.00 was owed.
Very shortly, the studio lawyers said to my friend, "Look, Joe Blow, we can appeal this and appeal this and continue screwing you around, costing you legal fees from now 'til Hell freezes over. You'll be dead before you collect the money. "
The studio lawyers then said, "So, tell you what. We like your work. You've written a number of screenplays for us before and you'll be hired again, for big bucks ... IF you'll settle this for $750,000.00."
My friend, knowing they could not only out spend him, but outlast him said, "Sounds like a deal to me."
As John Ross said, "Take the money and run."
I say again, I don't know what Cussler's deal was, but I guarantee you, if the studio wants to outspend him and outlast him, they can do it.
FWIW.
L.W.