The Legal Battles of James Bond

Long before Harry Saltzman and Albert R. Broccoli began working together to produce films based off Ian Fleming’s James Bond character, two of those –Casino Royale and Thunderball- would cause no ends of legal problems due to various copywriter issues.

Both would take decades to solve.

Casino Royale was the first novel Fleming wrote that starred James Bond, and it was released in 1953. CBS television network became interested in the property and acquired the rights in 1954 and produced it for their Climax! an anthology mystery series. It starred Barry Nelson as an American Bond; a year later, Fleming sold the film rights to producer Gregory Ratoff.

Meanwhile, sometime in 1958, Fleming and longtime friend Ivar Bryce began talking about a possible Bond film. Bryce introduced Fleming to writer/director Kevin McClory and screenwriter Jack Whittingham. While McClory seemed not impressed with Fleming’s books, he felt the character of James Bond was interesting, so they started hammering out ideas, starting in early 1959. Over the next few months they produced nearly ten different outlines, with proposed titles being SPECTRE and Longitude 78 West. Most of Fleming’s attraction to McClory was based on his 1959 Venice Film Festival entry, The Boy and the Bridge. But when that film failed at the box office, Fleming became disenchanted and the script –and all its concepts- were shelved.

Meanwhile, Casino Royale rights holder Gregory Ratoff died in 1960 and producer Charles K. Feldman was able to obtain those rights from his widow. But as Dr. No, and subsequent films became hits, he continued to hold on to them. He tried and get the book made into a film from Eon Productions, but failed to come to financial terms with the Bond producers. Realizing it would be difficult to compete with the Eon series, he decided to produce the film as a satire and brought the property to Columbia Pictures; their version was released in 1967. Unfortunately for Eon, the rights to Casino Royale remained with Columbia for the next thirty years, officially becoming part of Sony Pictures Entertainment when they acquired the studio in 1989. 

In 1961, producer Harry Saltzman read Goldfinger, the 8^th Bond book. He liked it so much, he put bid in and won the film rights to the character. Towards the end of ’61, Saltzman met Albert R. Broccoli, who was also interested in bringing Bond to the screen. At first, Broccoli tried to buy the rights, but Saltzman would not sell. So together, they co-founded Danjaq, S.A., which became the holding company responsible for the copyright and trademarks of James Bond on screen, and the parent company of Eon Productions, which they also set up as a film production company for the Bond films. They would release the films through their producing partner, MGM/UA.

With Casino Royale still being held Feldman, Saltzman and Broccoli decided to bring 1958’s Dr. No –the sixth book- to the screen first. It was produced on a low budget ($1.1 million) but grossed nearly $60 million. Interestingly and highly unusual for the time period (because there was no guarantee of continuing on), while writing the screenplay, Richard Maibaum, Johanna Harwood, and Berkely Mather kept a few references from earlier books as well adding some from the three novels that came after. Most notably present was the criminal organization known as SPECTRE, which was not introduced until the 1961 novel Thunderball and Ernst Stavro Blofeld, who is named dropped in Dr. No and appears in From Russia with Love -though his name is never uttered and he’s never fully seen until 1965’s Thunderball.

And that’s when things got legal.

Like most writers, a good idea never goes to waste, so while the work Fleming did with McClory and Whittingham two years earlier was abandoned, Fleming decided to rework a lot of what they produced and turned it into 1961’s Thunderball. The only problem was Fleming forgot to credit both McClory or Whittingham. A legal battle ensued, even as the Bond films continued to use SPECTRE and hint at other elements, most notably, the character of Blofeld.

The legal battle to give credit to McClory and Whittingham was eventually settled out of court by the time the film version of Thunderball was released in 1965. Whittingham’s on screen credit was “based on an original screenplay” while McClory received sole producer credit, with Saltzman and Broccoli serving as executive producers. McClory also retained certain screen rights to the novel’s story, characters, and plot, but was held to a ten year moratorium on doing anything with them.

Even as the film versions continued to use Blofeld and SPECTRE, after 1971’s Diamonds Are Forever, all references were dropped due to both legal issues McClory continued with and the arrival of Roger Moore as James Bond –the film series wanted a fresh start. While Moore’s first two outings as Bond were a success, they were critically panned. So when work began on The Spy Who Loved Me, early ideas Eon Productions wanted to use was a return of both SPECTRE and Blofeld. But by 1975, McClory was also attempting to make a rival Bond film with Warhead -basically a remake of Thunderball- and he filed a lawsuit against Eon Productions and forced them from using either of these elements for the foreseeable future. Also during this time, Harry Saltzman sold his portion of the Bond rights to Eon due to financial problems not associated with the spy series. This and McClory’s injunction would delay The Spy Who Loved Me, pushing its release from 1975 to 1977. Warhead would not go forward, but eventually McClory was able to remake Thunderball in 1983 under the new title Never Say Never Again, which saw Sean Connery return as James Bond twelve years after giving up the role to Roger Moore. Even after the success of Never Say Never Again, McClory continued to try and get his Warhead idea off the ground, attempting again in 1989, and the early 1990s. He made one last attempt in the early 2000’s, but nothing would be made.

Meanwhile, further legal battles, issues with MGM/UA, Roger Moore leaving and Timothy Dalton coming on, and the passing of several long-time production people within the Bond family would delay another film for six years after 1989’s Licence to Kill (the longest gap between films). By the time of 1995’s Pierce Brosnan led –and hugely successful- GoldenEye, Sony Pictures began some preliminary work on making rival production of Casino Royale, which forced MGM/UA and Eon Productions into a legal action with Sony. After three years of litigation, Sony eventually traded their rights to the novel for MGM/UA’s partial-rights to the Spider-Man franchise. 

It would be another four years before Eon Productions brought a faithful version of Casino Royale to the screen, which Columbia/Sony Entertainment releasing it domestically. After twenty films, the twenty-first would be a reboot, focusing on Bond at the beginning of his career as a 00-agent as Saltzman (who died in 1994) and Broccoli (who died in 1996) had hoped to do fifty years before. Much like the early Bond films, 2006’s Casino Royale would be a return to a bit of continuity with seeds being planted about some secret criminal organization that was infiltrating across the globe. It would offer somewhat of a character arc for Bond, as well, as most films since Roger Moore was standalone and had almost no connection to the earlier films or the books. However, while Kevin McClory had died in 2006, his estate was continuing the legal battle with Eon on certain IP parts of Thunderball –in particular SPECTRE and Blofeld- which was the original intention of current producers Barbara Broccoli and Michael G Wilson when they rebooted the franchise with Casino Royale and a new actor, Daniel Craig, playing Bond. However, these continued legal woes would put those plans on hold. A writers strike would further cause problems for the follow film –and first direct sequel- 2008’s Quantum of Solace.

The twenty-second Bond film had a troubled history beyond the writers’ strike, as the continued legal issues forced the production to make the secret organization mentioned in Casino Royale not be SPECTRE –Quantum eventually became the name of the organization introduced Craig's first outing, though the title reference comes from Ian Fleming’s short story they borrowed the title from: "when the 'Quantum of Solace' drops to zero, humanity and consideration of one human for another is gone."

There would be a delay for Bond 23, as MGM’s financial problems meant no film could be released in 2010. When the studio came out of bankruptcy in December of 2010, pre-production began almost immediately, and in January of 2011, MGM, Sony, and Eon Productions gave what became Skyfall a late 2012 release date. Again, running into legal issues with the McClory estate, if there was any references to certain IP elements, they were dropped in favor of connecting the main villain to the Quantum organization.

In November of 2013, fifty-two years after the release of the Thunderball novel and fifty-five years after Fleming, McClory, and Whittingham began talking about adapting Bond to the screen, MGM and McClory’s estate formally settled their issues with Danjaq, LLC and Eon Productions. MGM acquired the full copyright film rights to the concept of SPECTRE and all characters associated with it. And for the next film in the long-running film series, 2015’s Spectre, would fully re-introduce the organization back into the series continuity (it also seems what the acronym of SPECTRE stood for had been dropped and just reimaged as Spectre). It was also noted in the film, with the re-introduction of Ernst Stavro Blofeld, that everything Bond has experienced since Casino Royale was due to Blofeld (thus Quantum was also retconned in as a subsidiary of the mother  organization)- something that was part of the original Sean Connery run.

In April of 2020 we’ll see No Time To Die, the twenty-fifth James Bond film, which will most likely bring an end to the current story arc, along with Daniel Craig’s fifth and final outing as James Bond. What happens next is anyone’s guess, but against all odds, changing times, changing actors, and numerous long-running legal issues, the James Bond franchise continues to roll on towards 2022 and its sixtieth anniversary.