Philip K. Dick Trust Sues ‘Adjustment Bureau’ Director And Producers Again Over Missed Payments And Closed Books

By DOMINIC PATTEN | Monday April 23, 2012 @ 8:04pm PDT

The trustees to author Philip K. Dick want an adjustment on their fees for The Adjustment Bureau – a rather larger adjustment of more than $500,000. In a 14-page civil case complaint filed today in LA Superior Court, (read the suit here) The Philip K. Dick Testamentary Trust says that director George Nolfi, producer Michael Hackett, Media Rights Capitol and its subsidiaries owe them at least half a million dollars plus fees and other damages “to be proven at trial” from the 2011 film. Citing Breach of Contract and four other claims, the Trust says that the defendants have refused repeated requests to open the accounting books. They also claim they have been shortchanged payments due to them from the film’s net profits and that Nolfi, Hackett and MRC have “demanded the return” of the $1.4 million fee paid in April 2009 for the movie rights.

This suit, filed in state court, comes over two months after the Trustees abandoned a previous federal case against Nolfi and MRC when the judge dismissed key claims citing lack of jurisdiction.

Starring Matt Damon and Emily Blunt, The Adjustment Bureau, was released on March 4, 2011 to good reviews and fairly strong box office. The movie, according to today’s suit and others, has made around $128 million in global box office as well as $10 million in domestic DVD sales, plus “unknown millions in international DVD sales” as well as TV sales. Nolfi and MRC claimed soon after the film initially came out that Dick’s original “Adjustment Team” story was in fact in the public domain and they owed the Trust nothing.

Like in the first case, the suit filed today says the original story was not in public domain. The Trust says says that Nolfi first optioned the film rights to the 1954 Dick short story “Adjustment Team” from the writer’s trust on May 23, 2001. Nolfi, who paid $25,000 for an initial one-year option and the same on later options, subsequently entered into extension agreements on the option in 2004, 2007 and 2008. The trustee’s suit, filed by Laura Archer Dick Coelho, also says that Nolfi agreed to pay an eventual purchase price for the rights based on the “approved budget” for the film. The director/producer also agreed to pay a “breakeven” fee of $100,000 when worldwide gross receipts, minus certain deductions, equaled double the cost of production plus marketing, overhead and interest costs. Nolfi, who “assigned” all his rights to MRC’s Oaktree Entertainment in the spring of 2009, additionally agreed to pay the Trust 2.5% of the film’s net profits and a “further $100,000 for each additional $10 million in worldwide gross receipts in excess of Breakeven up to the point the Trust received a total of $2 million in payments.” Oaktree exercised the option on the film, with a projected budget of around $50 million, and “wired payment of $1,400,000 to the Trust” soon after.

The Philip K. Dick Testamentary Trust, which says it helped on the script for The Adjustment Bureau, notes it also participated with ‘the valuable Philip K. Dick brand” in the marketing of the movie on the request of distributor Universal, who is not named as a defendant. Claiming the defendants have failed “to issue the required accounting statements” and “to make required payments,” the Trust is seeking a five to seven day jury trial.

A number of stories by Philip K. Dick, who died in 1982, have been made into films, including 1982’s Blade Runner with Harrison Ford, 1990’s Total Recall with Arnold Schwarzenegger and 2002’s Minority Report with Tom Cruise and Colin Farrell. A Total Recall reboot, directed by Len Wiseman and starring Farrell comes out in August.

Justin Goldstein and Jay Handlin of Carlsmith Ball LLP in downtown LA represents the Philip K. Dick Testamentary Trust.

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MRC Teams With David Cronenberg & Sam Raimi For ‘Knifeman’ Series Project

By NELLIE ANDREEVA | Monday March 12, 2012 @ 5:03pm PDT
Nellie Andreeva

Beverly Hills, CA (March 12, 2012) Media Rights Capital announced today that director David Cronenberg will direct the pilot and serve as Executive Producer on its latest television series “KNIFEMAN,” which marks his first foray into television.  Cronenberg

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Syfy Developing TV Series Version Of Movie ‘The Adjustment Bureau’

Nellie Andreeva

EXCLUSIVE: Syfy is developing a TV series based on this year’s MRC/Universal Pictures movie The Adjustment Bureau, which was written, directed and produced by George Nolfi and starred Matt Damon and Emily Blunt. Former Smallville executive producers Darren Swimmer … Read More »

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‘X-Files’ Creator Chris Carter Is Back To TV With Mystery Drama Produced By MRC

By NELLIE ANDREEVA | Thursday September 29, 2011 @ 1:36pm PDT
Nellie Andreeva

EXCLUSIVE: The long-awaited return to TV of The X-Files creator Chris Carter is close to reality. I’ve learned that Carter is set to write, direct and executive produce a mystery drama with a female lead for MRC. The company, which … Read More »

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It’s Official: Netflix Picks Up David Fincher- Kevin Spacey Series ‘House Of Cards’

By NELLIE ANDREEVA | Friday March 18, 2011 @ 10:00am PDT
Nellie Andreeva

Netflix just announced that it has acquired House of Cards, a political thriller drama series from executive producer/director David Fincher starring Kevin Spacey, which will be distributed exclusively via the company’s Internet subscription service. This marks Netflix’s first foray into original programming.

Netflix, which has more than 20 million subscribers at the moment, has committed to 26 episodes of the drama, which is being produced by Media Rights Capital. Its premiere is scheduled for almost two years from now, in late 2012. Over the next year, the show will work on the 13 scripts for its first season. Fincher, who is now busy directing The Girl With the Dragon Tattoo, will direct the first episode of House of Cards next spring. That episode will then be evaluated like a pilot, and adjustments will be made if needed before production on the remaining episodes commences. In the next 3-6 months, MRC is expected to assemble a team to support the big production. More from Netflix’s release:

A satirical tale of power, corruption and lies, “House of Cards” is based on the book and acclaimed BBC mini-series of the same name. “The gripping, serialized one hour drama has become a very important part of the Netflix experience,” said Netflix Chief Content Officer Ted Sarandos.  “David Fincher’s unique vision, the indelible performances of Kevin Spacey and the original version of “House of Cards,” all have a big following among our members, giving the series a very good chance of becoming a fan favorite.”

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Netflix To Enter Original Programming With Mega Deal For David Fincher-Kevin Spacey Series ‘House Of Cards’

By NELLIE ANDREEVA | Tuesday March 15, 2011 @ 1:34pm PDT
Nellie Andreeva

EXCLUSIVE: Video streaming juggernaut Netflix is becoming an original programming player. In what is probably the biggest gamble in its 14-year history, I hear Netflix has outbid several major cable networks, including HBO and AMC, for  Media Rights Capital’s drama … Read More »

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Liz Jenkins Elevated to VP Corporate Development at MRC

By THE DEADLINE TEAM | Thursday March 10, 2011 @ 12:34pm PST

New York, NY (Feb. 10, 2011) – Media Rights Capital (MRC) today announced the promotion of Liz Jenkins to Vice President of Corporate Development for the independent film, television and digital studio.

Since joining the studio in 2008, Jenkins has played a critical role in helping to shape MRC’s strategic

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Mark Wahlberg Back In Buddy Comedy Mode For Seth MacFarlane’s Pic Helming Debut

Mike Fleming

EXCLUSIVE: Mark Wahlberg, who’s coming off the summer hit The Other Guys with Will Ferrell, is negotiating to star in another buddy comedy. You might think we’ve seen it all on the well trodden buddy comedy trail, but how about … Read More »

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‘Moonlight’ Is Dead At MRC & Everywhere; UPDATE: Mid-season?

UPDATE: I hear MRC now has been asked to consider Moonlight for mid-season. This is such a shot in the dark it’s barely worth posting. But I’m posting nonetheless. I’ve also been told that CBS continues to hold an option on the … Read More »

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