Michael Mann faces a federal lawsuit from New Regency over the 1995 crime classic Heat as the director attempts to reclaim copyright ownership ahead of production on his upcoming film.
After several termination notices were sent earlier this year by Mann’s legal representation, the Yariv Milchan-run company filed a complaint in California federal court on Friday. New Regency argues that Mann penned the screenplay as a “work made for hire,” rendering his termination notices invalid and safeguarding rights it has held for more than three decades.
The dispute centers on copyright provisions allowing creators to claw back ownership of works after a certain period.
New Regency’s legal team, represented by Kendall Brill & Kelly, asserts in the 20-page complaint that the termination notices cloud the company’s title and jeopardize its ability to develop, finance, and license derivative works, Variety reported. “Regency still holds the rights to the Heat Screenplay. Hit the brakes, says Ferrari helmer Mann’s team.”
Warner Bros. acquired screenplay rights through a 1994 deal
According to the lawsuit, Warner Bros. acquired the rights to the screenplay in 1994 through a deal with Mann’s loan-out company, an agreement New Regency contends was explicitly structured as a work made for hire.
Mann developed the characters and the story that would become “Heat” over two decades, beginning in the 1970s. Mann’s team initially pointed to an alleged 1988 oral agreement between the director and two loan-out companies, MMCo. and ZZY, as the foundation for the first termination notice.
The lawsuit details this arrangement critically:
“The Oral Assignment on which the First Termination Notice is based supposedly derives from an oral agreement that Mann allegedly made with himself, in which Mann, like a Shakespearean actor playing multiple parts, simultaneously spoke on his own individual behalf, as well as on behalf of MMCo. and ZZY.”
Subsequent termination notices cited alternative agreements, all of which New Regency maintains are legally defective. “The Screenplay is not subject to termination,” the complaint says.
Mann’s spokesperson, whose legal team includes Robert Klieger, countered the studio’s claims in a statement:
“This filing has to do with original and personal writing Michael Mann did on multiple screenplays during the 1980s and which evolved into the iconic 1995 film Heat that Mann wrote, produced and directed.”
Mann’s spokesperson added: “After 40 years, Michael Mann is exercising the right of authors to reclaim their work and, in this case, Michael Mann’s original creation.”
Mann’s camp added that they intend to fight the litigation firmly, stating, “We will vigorously defend this action and are confident that the courts will vindicate Michael Mann’s statutory rights under the Copyright Act,” Deadline reported.
Production Status of ‘Heat 2’
Both parties have established agreements with Amazon MGM Studios concerning the sequel, Heat 2, which factor into the ongoing legal disagreement. Warner Bros. was originally set to produce the project before backing out last year, leaving Amazon to step in.
The upcoming film will adapt Mann and Meg Gardiner’s 2022 novel, functioning as both a prequel and a sequel. The cast includes Leonardo DiCaprio, Christian Bale, Adam Driver, Stephen Graham, and Jason Clarke, with Mann directing from his own script. The sequel will also feature the late Val Kilmer.
Representatives for Mann emphasized that the federal court filing does not impact the upcoming production schedule. “For clarification, this is unrelated to production of Heat 2 which will begin shooting on January 19,” Mann’s spokesperson said.
The court will determine whether the original 1990s agreements classify the material as a work made for hire, a ruling that will dictate the copyright status of the screenplay beginning in 2028.
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