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 8th 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.