Golden Oops-iversary

1974 copyright lapse of ‘It’s a Fantastic Life’ begat a wild IP journey

BY REID CREAGER

George Bailey’s life was a large number. The protagonist within the 1946 Christmas film “It’s a Fantastic Life”—disillusioned and annoyed by betrayal and failure at seemingly each flip—contemplated suicide till an angel confirmed him what life in his small city would have been with out him.

Practically 80 years later, this iconic serving of Americana holds a extra doubtful distinction as probably probably the most complicated mental property mess in cinema historical past. And it’s a reminder that in our pursuit of cash, the satan could be within the particulars in additional methods than one.

Throughout vacation seasons from the mid-Seventies to the early Nineteen Nineties, this $525,000 write-off was proven on cable TV and generally domestically in a nearly steady loop—the results of a failure to resume a copyright due in 1974 that left it within the public area and gave it, effectively, a beautiful life. The film finally turned property of NBC, which reveals it solely a pair instances every vacation season and aired it for a thirtieth consecutive yr in 2023.

Not not like a probably memorable scene misplaced to historical past on the proverbial slicing room ground, the IP saga of “It’s a Fantastic Life” is replete with behind-the-scenes intrigue—pushed by errors, questionable actors not of the stage selection, and public misconceptions. 

This mess apparently continues to be not cleaned up. However some readability is rising, by way of latest public feedback from an inheritor to the unique literary work that impressed the film.

As George mentioned when his sweetheart Mary was instantly sans garments after her gown slipped off within the bushes: “It is a very fascinating state of affairs.”

A guide started the story

With the doable exception of the film’s ending, little or no about “It’s a Fantastic Life” has turned out as anticipated.

Director Frank Capra, who poured his coronary heart and cash into the enterprise—selecting a December 1946 launch so it may very well be eligible for the 1947 Academy Awards—suffered a lot the identical destiny as George with the latter’s constructing and mortgage firm. 

The film was based mostly on a guide by American author and historian Philip Van Doren Stern, “The Best Reward,” accomplished in 1943. This reality is central to numerous copyright claims that also exist right this moment.

RKO Footage got interested and purchased the movement image movie rights in 1944 however steadily misplaced curiosity, and reportedly bought the rights to Capra for a similar quantity ($10,000) as its buy worth.  

The film’s preliminary disappointing attendance and critiques led banks to threaten foreclosures in opposition to Capra, prompting the sale of his firm, Liberty Movies. In response to the fastidiously detailed, sourced and authoritative itsawonderfullifeplay.com, owned by playwright Jason T. LeBlanc, Capra bought his possession in “It’s a Fantastic Life” in Could 1947. This triggered a dizzying chain of possession transfers through the subsequent a number of many years (see sidebar).

Nationwide Telefilm Associates (NTA) Studios owned the rights to the movie in 1974 when the copyright was set to run out on December 30 beneath phrases of the 1909 Copyright Act—stipulating that this safety lasted 28 years. A clerical error prevented the renewal from being submitted and the movie rights lapsed into the general public area, “the place they continue to be right this moment, regardless of claims on the contrary,” per itsawonderfullifeplay.com.

Conflicts and assumptions

The battle over rights possession is tangled by the truth that the film had separate copyrights involving the musical rating, movie and radio rights, and the unique story. This confusion has been exacerbated by myths and perceptions about authorized possession, fueled by faulty public notion. 

After the movie turned public area, TV broadcasters massive and small assumed they might do something they wished with the film—which led to TBS and TNT airing the film virtually nonstop through the vacation season for twenty years and giving it angel wings with new audiences.

They assumed wrongly.

Whether or not misled by the complicated nature of copyright legislation or unaware of the legality of the varied “sub-copyrights” concerned, broadcasters had been airing the film even if the originator of the story that turned the idea for the film, Philip Van Doren Stern, had stored up his copyrights.

Stern theoretically would have been owed royalties from the 1000’s of instances the film aired on TV. However his granddaughter, Sarah Robinson, mentioned throughout a 2023 iHeart podcast that Stern’s property didn’t pursue motion in opposition to the TV stations (for causes she didn’t expose). Stern died in 1984.

Robinson’s pronouncement contradicts the actions of a Santa Monica, California, prosecutor-turned-entertainment lawyer who was answerable for ending the “It’s a Fantastic Life” TV marathons greater than 30 years in the past.

In summer time 1993—just a few years earlier than being sentenced to eight months in jail for his function in a conspiracy to stage the theft of two well-known work and serving to certainly one of his purchasers accumulate $17.5 million in a bogus insurance coverage settlement—James Tierney despatched a flood of cease-and-desist letters to programmers warning in opposition to unauthorized use of the film until they paid royalties.

He did so on the behest of Russell Goldsmith, CEO of Republic Footage (the successor to NTA, the corporate that had misplaced the copyright to the film). Compliance with the demand was reportedly quick and common.

In response to The Nation, Goldsmith was working towards a $100 million greenback merger between Republic and Spelling Leisure that may make him president and CEO of Spelling beneath residence video rental big Blockbuster. The IP he might present was a giant a part of the deal.

  So Republic purchased possession rights to the movie rating and music utilized in “It’s a Fantastic Life” from composer Dimitri Tiomkin, who had renewed the music copyrights. It additionally nonetheless had the unique movie and radio rights Stern had licensed to RKO in 1944.

Tierney and Goldsmith are mentioned to have advised a Los Angeles Occasions reporter this gave them “two barrels of a shotgun.” Republic leveraged this possession to barter an undoubtedly profitable licensing association with NBC to indicate it just a few instances every vacation season. (It’s now additionally obtainable on Amazon Prime.)

Even right this moment, Paramount Footage—which owns Republic Footage—nonetheless warns that “No mission referring to ‘It’s a Fantastic Life’ can proceed with out a license from Paramount.”

Shotgun, or pop gun?

Though nobody is understood to have challenged Paramount’s declare in courtroom, Stern’s heirs say the studio’s metaphoric shotgun is firing authorized blanks.

“They don’t have a copyright on this story, they usually’ve by no means come to us for copyright on the story,” Robinson mentioned throughout an iHeart podcast final yr.

“The one individuals who have ever held copyright within the story ‘The Best Reward’ are my grandfather Philip, his heirs—his solely daughter and three granddaughters [who are] my mom and my two sisters and me—and the small household firm that we heirs created to carry and handle ‘The Best Reward’ copyright.”

Additionally of paramount significance: In 2000, The Best Reward Company, led by Stern’s daughter, Marguerite, knocked a bullet out of Paramount’s holster. The household firm, which held full possession of the story “The Best Reward,” exercised a proper of termination and revoked the movie and radio that Stern had initially bought to RKO and finally ended up with Paramount.

Now, Paramount’s solely declare to “It’s a Fantastic Life” lay solely within the musical rating—although its continued warnings about unauthorized use appear to presume a lot better possession. 

In the meantime, imposing the copyright of Stern’s works is a full-time and seemingly limitless job for his heirs. Per itsawonderfullifeplay.com:

“In theatrical stage works alone, there are at the least three dramatic variations, 5 radio variations, and greater than a dozen musical diversifications created because the ’90s. 

“Whereas initially most of those weren’t formally approved, The Best Reward Company has since made six settlement agreements authorizing 12 dramatic/radio or musical stage works by 11 totally different writers and composers represented by 5 licensing homes. There have additionally been a wide range of direct requests to create by-product stage productions, which The Best Reward Company has prolonged licensing choices to.”

As of 2024, Best Reward is issuing authorizations to playwrights on a restricted, one-calendar yr foundation. 

One mistake, myriad impacts

With out a fateful clerical error 50 years in the past this month, none of this occurs.

A protracted-forgotten film could effectively have stayed that manner. Generations of Individuals would have missed out on what’s now an necessary a part of each Christmas. 

A company merger would have unfolded in another way, if in any respect. The heirs of Philip Van Doren Stern seemingly would have led radically totally different lives, albeit much less profitable.  

Cash, and who’s entitled to it, is a theme within the film “It’s a Fantastic Life”—in addition to in its IP historical past. This may likely amuse Clarence Odbody, who mentioned: “We don’t use cash in heaven.”

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Gotta Bounce

“It’s a Fantastic Life” rights have swung round greater than George and Mary doing the Charleston: 

• In 1955, Paramount Footage Inc. bought its library of movies, which included “It’s a Fantastic Life,” to U.M.&M. TY Corp.
• In 1956, shortly after the brand new group Nationwide Telefilm Associates (NTA) was based, it purchased NTA U.M.&M., which moved the film to NTA’s possession.
• In 1984, NTA rebranded to change into Republic Footage Corp. as a result of success of the movie catalog it purchased from Republic Corp. in 1967. Underneath this rebranding, the possession and movie rights of “It’s a Fantastic Life” had been now owned by Republic Leisure Inc.
• In April 1994, Spelling Leisure (largely owned by Blockbuster Leisure as of October 1993) bought Republic Footage Corp. and renamed it Republic Leisure Inc., thus gaining possession of the film’s property as effectively. This was key to the Tierney and Goldsmith plan.
• In September 1994, Blockbuster Leisure merged with Viacom to create Viacom Blockbuster. Spelling Leisure was majority owned by Blockbuster Leisure, and its catalog was added to Viacom Blockbuster’s.
• By 2000, Viacom Blockbuster had absolutely acquired the remainder of the rights of Republic Footage’ catalog of titles and positioned them beneath its Paramount Footage division. Thus, the possession of “It’s a Fantastic Life” and the movie rights Stern had initially bought to RKO studios had been now owned by Paramount Footage.

Courtesy of itsawonderfullifeplay.com

Trivia: Communist What?

• The FBI put “It’s a Fantastic Life” on its listing of suspected communist propaganda in 1946 and stored it there till 1956, based on The Wire.

An FBI memo dated Could 26, 1947, reads: “With regard to the image ‘It’s a Fantastic Life,’ [redacted] said in substance that the movie represented reasonably apparent makes an attempt to discredit bankers by casting Lionel Barrymore as a ‘scrooge-type’ in order that he could be probably the most hated man within the image. This, based on these sources, is a typical trick utilized by Communists.” (Makes you marvel who “redacted” was.)

• Cary Grant was slated to play the lead function of George Bailey at one level.

In response to Digital Spy, Philip Van Doren Stern, who wrote the story that impressed the film, had his guide contents printed onto a number of Christmas playing cards and despatched it to household and buddies. Grant finally obtained one of many playing cards from producer David Hempstead and cherished it a lot that he introduced it to RKO Radio Footage. However the film ended up being produced by Liberty Movies, which selected Stewart for the primary function.

• The function of Mary might have gone to any variety of actresses aside from Donna Reed. 

In response to For Girls First, Jean Arthur—who co-starred with Jimmy Stewart in “Mr. Smith Goes to Washington”—was director Frank Capra’s best choice however was resting from performing. Others who had been thought of included Ginger Rogers and Olivia de Havilland.

• “It’s a Fantastic Life” was Stewart’s first film after 20 months on the entrance strains of World Warfare II. He reportedly suffered post-traumatic stress dysfunction throughout filming.