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Tuesday, 28 August, 2001, 09:40 GMT 10:40 UK
Writer loses 007 rights row
The World is Not Enough
The World is Not Enough was the most recent Bond movie
American writer Kevin McClory has lost his legal battle over the rights to the James Bond film character.

Mr McClory claimed Danjaq Productions LLC - distributor of the Bond films - owed him for creating the onscreen image of Britain's world famous fictional super spy.

Danjaq is owned by the family of Bond movie producer Albert "Cubby" Broccoli.

But on Monday a federal appeals court in San Francisco dismissed his case, saying Mr McClory had waited too long to make a claim.

Mr McClory, who worked with Bond author Ian Fleming in the 50s to adapt his agent for the cinema, sought royalties in 1998 from a number of Bond movies from 1962-1977.

Presiding Judge Margaret McKeown upheld an earlier decision made by a lower court that Mr McClory had waited too long to bring his case.


"We conclude that Mr McClory's claims are barred in their entirety (and) affirm the district court's dismissal of his suit," said Judge McKeown.

Mr McClory, who owns Spectre Associates Inc, alleged he owned the rights to the Bond novel Thunderball and to parts of the script for the movie version.

Thunderball, released in 1965, was the first Bond movie to introduce the Spectre organisation run by Ernst Stavro Blofeld, 007's arch enemy.

And it was originally going to be the first Bond movie -19 have been made so far - but Dr No was made instead in 1962.

Mr McClory then claimed that Dr No had used material from his Thunderball scripts and Fleming settled the row by giving Mr McClory some rights to Thunderball.


In 1976, Mr McClory again went to court, this time supported by the first Bond star, Sean Connery.

The pair tried to stop production of The Spy Who Loved Me, which they said had elements of a script they were writing together.

Mr McClory's 1998 case was spurred by events from 1997.

That was the year Sony acquired Mr McClory's rights to make James Bond movies.

But Danjaq Productions then sued Sony, its Columbia pictures subsidiary and Mr McClory.

Sony and Mr McClory then filed legal battles of their own, which included Mr McClory's current claim.

Sony later dropped its plans - and therefore its case - to make the Bond movies, leaving only Mr McClory fighting Danjaq.

See also:

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19 Nov 99 | Shaken Not Stirred
Four decades of Bondage
25 Oct 99 | Entertainment
Best of the Bond baddies
19 Nov 99 | Shaken Not Stirred
The James Bond dossier
05 Mar 01 | Entertainment
Composer sues over Bond theme 'slur'
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