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MGM files Bond lawsuit
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November 17, 1997: 6:40 p.m. ET
Film studio sues Sony for copyright infringement of famous spy movies
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NEW YORK (CNNfn) - Metro-Goldwyn-Mayer Inc. filed a federal lawsuit Monday against Sony Pictures Entertainment Co. to protect its multi-billion-dollar stake in the famous James Bond franchise.
In a 37-page suit filed in U.S. District Court in California, MGM alleges copyright infringement and breach of contract over Sony's plans to make a series of new Bond films.
"This is the most valuable film franchise in history," said MGM attorney Pierce O'Donnell. "We've taken this preemptive strike to nip the claim of Bond ownership right in the bud."
Bruce Redditt, spokesman for Sony Pictures, said the company hasn't seen the court papers and couldn't comment.
Sony 's (SNE) Columbia Pictures in October signed an agreement with producer/director Kevin McClory to make the new Bond films. McClory wrote the original screenplays that were made into "Thunderball" in 1965 and "Never Say Never Again" in 1983.
O'Donnell said any rights McClory had to the Bond name expired by 1989 under U.S. copyright laws.
The lawsuit also contends that John Calley, a former MGM executive who now is president of Sony Pictures, misused confidential MGM information to help Sony's Bond project.
Calley was president of MGM's United Artists Pictures for three years while MGM was working to revitalize the Bond franchise, court papers said.
"During his tenure at United Artists Pictures, Calley acquired highly valuable proprietary information about the optimal ways to develop and exploit the franchise and to bring it into the 21st century," the lawsuit said.
The suit alleges misappropriation of trade secrets, aiding and abetting breach of fiduciary duty, and unfair competition.
MGM filed the suit along with Danjaq LLC, a Delaware production company that has produced 18 Bond films since 1962.
The suit names Sony Corp., Sony Pictures, Columbia Pictures Industries Inc., Calley, McClory, and McClory's company, Spectre Associates Inc.
MGM (MGM) seeks compensatory damages of not less than $25 million and unspecified punitive damages. 
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