Page 52 - RICHERT VS. SORKIN THEFT OF THE AMERICAN PRESIDENT AND THE WEST WING

Ms. Sally Burmester November 7,1995 Page2
the projecr
LAW OFFICES O.F DAVID EVAT{S
Jtte WQa S.pecial Committee simpiy accepted this chronology without conducring any independent investigation into the relationship between the rwolrojects. The Commi-ttee's stated reason for denying irreducible story credii to Richert and Moriis was its determination that "'The President Elopes'- and 'The American President' projects were initially developed independently_of one another and merged at a later date" (yo& ldner of September ietn, pag€ Zy. The. SpPcial Committee based this conclusion, incredibli, upon three factors: (i) the.faci thit Sorkin's writer's agreement apparently refers to his engagement to writi an "original screenplay"; (ii) the fact that Univer-salAilildwood's righti were acquired pursuait to
documentation dated subsequent to the date of Sorkin's wriler's agreemeni with iastle Rock; 1nd (i!i) Sorkin's reprcsentation, throug! his attorney, that he had n-o knowledge whatsoever of '"The President Elopes" prior to writing-his "original"-screenplay for Castle Roc[.
As to the first of ttrese factors, little needs to be said. Obviously, allowing producers and studios to undermine fundamental V/GA principles by merely labehnj rvriting sErvices in a contract as one thing ra+el than.another is prepo_stenous ahd goes-againsr eiverythin'g the guild srands for and has achieved through manJ-yeilrs of collective bargaining. I reluestEa fUi telephone) ar rhe 3PPgals hqulng that the guild obFin sworn affrdavits fromltt retevant partiei, inclirding Sorkin, Heller and Rob Reiner, concerning the naturc of Sorkin's services (e.g., did he truly"write an griginal^screenplay ngq lrasgd to any extent on the story or charac-ters of "The'president
Elopes"?), but the gu{-d- declined to do so. Having refusdd to investigate rhe issue, I find it astonishing thaL$e gTld.wo3!{gu" gry weight in tlc arbitration proceis to easily manipulable contract formalities. Is the WGA really tuking the position that any time a prodircer oi studio hires a friend to rewrite a.scree--nplay, they can siniply call it an 'briginal icreenplay" in the writer's conrract and the guild will respect that?
The second factor relied upon by the Special Committee is equally irrelevant. The fact that Castle Rock did not.want td spend-$5.,000,000 (the fii;uri I've heard) to aiquiie Universal,/lVildwood's rights prip,r to developing a new draft of ihe screenplay (Sorkin's) siimi !o m9 good business sense having nothing hecessarily to do with whethir Sorkin's diaft was Lo{ upon 'oThe Presfdery Elop{ -or whethcr Robcn Redford was involved in thc proSecrwittr fastle..R.ock p-nor.to the date ol said acquisition. Again, at the appeals hearing I requliiiO ir,ai
the guild cqnduct- its 9wn indgpendent inlvcstigation into when Casile Rock nni teanieO of "The President llo-pgt"-lnd when Castle Rock firsthad meetings with Redford concerning ttre projict, but.the ryild decline4 satisfied apparently, to rcly oniontract dates and the tef'ner"ritationi made by Sorkin's atlorney in this regard.
Which brings us to the-final factor, the Special Commitree's admitted reliance upon the
TPlesgnglgons made by Richard.Hellcr.not thal Sorkin had not rcad any of the -only
frevious drafts (w}ich my client concedesis po$ible) but that Sorkin was also comftetiiy il;?ft;iih;
story ?nq characters of '"The hesideht Elopes" while wriring his screenplav andirac no access of
kind to- the- same.. These representatiilns, which are atlhe hean o? SbtH"t porid",-fi;; 3ny -baltii
been complctcly undcrmined by recent admissions made by Sortin, t iJ atto*iy anA Rock
Rob Reiner now ad.Tis{Daily-Variety, November 2, page 2 -- copy enclosed) that he first discussed "The hesident.Elo-pes" with Roben Redford in'19"89, anO n*Jineiuiro uAtniii tr.ri"i"I 3 coll of at least o3e of the diafts of '"The President Elopes," although tre itaims not to have read it. JAggording to-B. arbara Maltby, former president of-fvitbwooa, fi; dtrft r"nt to i"inrr, ptioi to Sorkin *witing his drafg was the Ganz-lvlandelrewrirc of one 6f ni"fnn;r Otuftr.j A;;d: