I’m always a little anxious when I get an email from my editor with “proposed cover” in the subject line. Will I love it? Hate it? Will I have to convince them to go back to the drawing board?
Last week, when I opened the file and beheld this gorgeous cover, I actually gave a sigh of sheer happiness. It’s exactly what I was hoping for, capturing both the timeless and historic nature of my new novel, which is two stories woven in one. One story takes place in current-day Boston, where a lovely violinist is desperate to learn the history of a mysterious piece of music she purchased in a Rome antique store. Every time she plays “Incendio,” her 3-year-old daughter does something violent. Now the woman’s afraid of her own child because she thinks her daughter has transformed into someone else. Someone terrifying. And the music seems to be key.
The second story is told in parallel and set in 1940′s Venice, where a young composer and a beautiful cellist fall in love — only to find their future threatened as the SS seizes control of northern Italy.
Seventy years later, the composer’s waltz “Incendio” will change lives — and alter the course of history.
PLAYING WITH FIRE will go on sale in the US on October 27.
Looking through my old files, I came across this headline 1999 article on the front page of VARIETY. I remember my excitement at the time, the enthusiasm of everyone involved, and all the assurances that GRAVITY was going to be a huge movie.
Now, 16 years later, I think back to the advice I once got from a screenwriting friend: “Hollywood will break your heart.”
NEW LINE IN ORBIT WITH AMG ON PIC
New Line has made an outright purchase of the feature film rights to bestselling novelist Tess Gerritsen’s upcoming spacebound medical thriller/love story, “Gravity,” with $1 million up front for the scribe and another $500,000 once the film is produced.
Artists Management Group, the 3-month-old management-production company whose partners are Michael Ovitz, Rick Yorn and Julie Silverman-Yorn, will produce the pic, although the firm’s deal is not yet finalized.
While no writer is attached yet, New Line and AMG view “Gravity” as a major event pic and look to move quickly to put a scribe and all the other elements in place, with an eye toward releasing the film in the summer of 2000 or 2001.
Packaging with home team
AMG will likely package the project with as many of the banner’s clients as possible; Rick Yorn told Daily Variety that he expects to have most of the major above-the-line talent in place within the coming weeks.
The “Gravity” manuscript was brought to Yorn’s and AMG production topper Cathy Schulman’s attention Tuesday by the Renaissance Agency’s Joel Gotler, who brokered the deal on behalf of Gerritsen’s Gotham lit agent, Meg Ruley of the Jane Rotrosen Agency…
At New Line, prexy of production Michael De Luca read the galley, which De Luca describes as “a story with a really good central rooting character and with great commercial potential.”
De Luca then made a preemptive bid to secure the project late Wednesday. He and New Line VP of production Donna Langley will oversee development of the project for the studio.
Those of us who make our living as writers know the basics of storytelling: plot, character, conflict, build-up, crisis, resolution. With those tools in our kit, we can tackle any project. So telling a story that just happens to be set in space should be a piece of cake. Just move your usual characters onto a spacecraft or space station, pit them against an antagonist, and churn out your story. Easy, right?
Well, maybe if you’re writing a space opera in which real science and technology takes a back seat. In space opera, a writer’s only limit is his imagination. Space stations with artificial gravity? No problem. Spacecraft that travel at warp speed? No problem. Transporters and death rays? Old hat. Readers aren’t going to question the technology because they understand it’s all speculative. Readers are willing to suspend disbelief and accept that the Starship Enterprise and the Millennium Falcon are possible because they understand that technology isn’t the point. The story is, and any writer can tell a story.
But what if you are writing a space story set in the present or near future, a story told within the confines of real science, and your story is about the technology? That challenge requires far more than just a writer’s imagination; it requires a working knowledge of what’s possible and what’s not. Suddenly you’re not just writing a story — you’re also writing about, and translating, science. This is something you don’t pick up by just surfing the internet. It requires months, if not years, of specific research. Even with my advanced degree in science, the prospect was more than just daunting — it was frightening.
But that was precisely my challenge a decade and a half ago, when I wrote my book GRAVITY. In a 1999 interview with Barnes and Noble, I described how I approached the research. Here’s an excerpt from that interview:
Barnes & Noble.com: Tess, thanks for taking the time to share with us some of your thoughts and experiences with regard to your latest thriller, Gravity. The concept you’ve created here is both fascinating and horrifying and utilizes science from the fields of molecular biology, virology, medical technology, space exploration, and marine biology, to name a few. It appears you’ve done a great deal of homework researching both the facts and the possibilities. Without giving away the true horror behind the menace in Gravity, can you speculate on just how feasible the scenario you created might be in real life?
Tess Gerritsen: When I wrote Gravity, my No. 1 goal was to create a scenario that was completely plausible. With that in mind, I made certain that everything that goes wrong aboard the space station actually could go wrong in real life, from the escape of the organism into the space station’s air to the series of disasters that befall the station and later the orbiter, to the political crisis that envelops NASA as a result…
The details about NASA, the shuttle, and the space station were all based on months of research and conversations with NASA sources. The space station in Gravity is based on the blueprints of the actual International Space Station, which is now being launched in increments. The details about environmental control, orbital docking, commercial rockets, EVA’s are all based on fact. The book has since been read by a NASA engineer and a flight surgeon, and both of them have told me how amazed they are that I managed to get it right. As the engineer said about my scenes in Mission Control, “I’ve been there, done that, and that’s how it is!”
bn.com: It’s certainly effective! You’ve combined some very graphic horror — such as dead bodies, blood and guts, and a few hair-raising descriptions of some pretty nasty ways to die — with cerebral horrors like the anticipation of certain death, isolation, loneliness, helplessness, and fighting an enemy one can neither see nor understand. So what scares Tess Gerritsen?
TG: Airplanes! Heights! I’m definitely a land-based humanoid.
bn.com: Several of the characters in Gravity have had a lifelong dream of becoming an astronaut and traveling the stars. Would you go to space if you were given the chance?
TG: Okay, I confess. Despite my fear of heights, I wanted to be an astronaut! I think most of us have had that dream, especially those of us who spent many happy hours as children watching Star Trek… I can also say that the risks would make me think long and hard about it. Space is not a place for amateurs and certainly not a place for starry-eyed novelists. It takes training and skills to be an astronaut. To say that anyone can just strap himself or herself in and lift off is like saying anyone can perform brain surgery in ten easy lessons. Space travel, as it now exists, is a job for professionals.
bn.com: By placing a lot of your action on a space station where help and rescue are days away, escape is impossible, and the lack of gravity adds a new layer of terror to some of the more graphic scenes, you add a whole new dimension to the “ordinary” horrors of medicine and science run amok. Where did you get the idea to combine all these elements?
TG: I’ve always been fascinated by the space program. I vividly recall hearing the broadcast of Neil Armstrong taking his first steps on the moon, and even now, just thinking about that moment can still bring tears to my eyes. Then, about two years ago, I was traveling in Europe when I heard news about the collision between Progress and Mir. I remember thinking: Three men are about to die up there. And it occurred to me that that must be the ultimate horror, to be facing the prospect of your own death, trapped in space, while the whole world can follow the final moments of your life. With more research came more elements of horror: What is it like to die of explosive decompression? How do you deal with a medical emergency in weightlessness? What happens to blood as it pours out of an exsanguinating body in a space station? Earthbound horrors are magnified in the hostile environment of space.
bn.com: They certainly are! Your descriptions of the way things behave in a weightless environment (some of them things we wouldn’t want to encounter in any environment!) were very vivid and often quite spooky. What sort of research did you do to create those scenes?
TG: I read everything there was to read about life in microgravity. I read astronauts’ accounts, NASA reports, space medicine textbooks. I combed research publications about microbial and tissue culture behavior in space. I spoke to flight surgeons about emergency medicine in orbit. After a while, I actually began to dream about weightlessness (those were amazing dreams, too!), and when writing a scene that takes place aboard the station, it became second nature to me to envision everything without gravity. After I finished the book, it took months for those dreams of weightlessness to go away.
bn.com: Obviously there was a lot of hard work and lengthy research that went into the writing of this book. What parts of the writing process were the most fun? And which parts were the most drudgery?
TG: The research for Gravity was absolutely the most fun part of creating the story. Since I have such a deep interest in the space program, digging into the details of NASA was like playtime for me. Getting the inside tour of Mission Control, having the chance to talk to people at Johnson Space Center — these are the sorts of experiences that remind me how lucky I am to be a writer!
For those of you who are interested in science-y novels like GRAVITY, I can recommend a particularly fun book that recently came out: THE MARTIAN, by Andy Weir. While it is speculative (it’s set in the future, when we have manned missions to Mars) and it proposes certain technological advances, all those advances are theoretically possible, and the research that went into Weir’s storytelling shines through on every page.
On Thursday, my attorney Glen Kulik filed our amended complaint. A day later, the news appeared in the Hollywood Reporter, which helpfully posted the entire 25-page complaint on their site. If you’re a lawyer or a budding lawyer, you may find the document interesting. It explains in detail the reason why I am suing, why I am unable to file for copyright infringement, and why a breach of contract complaint is the only option open to writers in my situation.
To read more, visit The Hollywood Reporter site.
An interview with the Boston Globe.
Interview for Kindle Most Wanted
Attorney Justin Jacobson (who has absolutely nothing to do with my case) blogs about the glaring errors perpetuated by major news outlets regarding the Gravity Lawsuit. UK Guardian comes in for a particular whack on the head for journalistic malpractice:
“Which leads me to the third, and most distressing, factor: poor reporting. The headline on the Guardian article I linked to above reads, “Judge downs Gravity lawsuit from bestselling author Tess Gerritsen”. That’s just flat-out false. The article is rife with error. And this is a major news outlet, not some random guy with tumblr. Even a cursory conversation with an attorney could have minimized those errors (but perhaps also the number of clicks, natch).”
He gives me a slap on the hand as well, for prematurely declaring my lawsuit in critical condition when it’s really still alive and kicking. But hey, when all the news headlines are shouting that I’ve already lost my case, it’s hard not to feel pessimistic.
Perhaps reporters might consider doing more work than merely cutting and pasting corporate press releases and passing them off as journalism.
Thanks to my Gravity lawsuit, I’ve been getting a smash course in the law, and one concept that seems to generate a lot of confusion for lay people is the difference between a “breach of contract” and “copyright infringement” lawsuit. Before this happened to me, I didn’t know the difference between the two. I’ve never been involved in a lawsuit before, and did not expect I ever would be. So to be suddenly stuck in the middle of one feels like being trapped on an alien planet. But I’ve learned how vital this concept is.
Many of you believe that for a novelist to win a lawsuit against Hollywood, he must prove that his book and the disputed film are so similar as to be considered nearly identical. And the truth is, copyright infringement cases DO require substantial similarities between the two, a standard that is very hard to meet, which is why the vast majority of copyright infringement cases fail. They’re almost unwinnable — even if you can prove access. So if you are a novelist considering suing, think long and hard about it. The law works against you, even if you are in the right. It’s also why filmmakers can so blatantly lift ideas from other storytellers: they know they can get away with it. All they have to do is change some elements of your book, and they are free to call it their original story.
Breach of contract lawsuits, however, are a different kettle of fish.
The landmark case of “Buchwald vs. Paramount” in 1990 provides legal precedent for what it means to have a film “based upon” an author’s work — – if that work is under contract with the film company. The lawsuit, in brief, was about a screen treatment that columnist Art Buchwald sold to Paramount. The treatment of “It’s a Crude, Crude World” is about a “despotic African potentate who comes to America for a state visit.” Things go wrong during his visit to the White House, he’s rebuffed by a black State Department officer. He’s deposed and ends up destitute in a DC ghetto. There he meets and marries a woman and finds true happiness as “emperor” of the ghetto.
Paramount optioned the treatment and the project went into development, with Eddie Murphy slated for the role. It died in development.
Years later, Paramount produced the movie “Coming to America” starring Eddie Murphy. Buchwald is not credited. Murphy’s film is about a rich African potentate who comes to America in hopes of finding a woman who will love him for himself, not for his wealth. He goes to Queens, disguises himself as poor, and falls in love with a down-to-earth woman whom he later marries — and brings back to Africa as his princess.
Do you see all the differences between the two projects? They are certainly not identical. They both have a rich African potentate who comes to America and falls in love, but the differences made Paramount confident they could call it original.
Buchwald disagreed, took them to court … and he won.
During the trial, the question arose of the meaning of “based upon” when the story idea is under contract. Here’s what the court wrote:
“…In ‘Fink’, as in the present case, the contract between the parties obligated the defendant to compensate the plaintiff if the defendant created a series ‘based on Plaintiff’s Program or any material element contained in it.’ The court stated that a ‘material element’ could range from a mere basic theme up to an extensively elaborated idea, depending upon what might be proved as the concept of the parties… The Court noted that its ‘based on any material element’ test was ‘quite close to the concept of ‘inspiration for’ which was the key to the upholding of an implied contract…”
When a book is under contract to a film company, that film need only be inspired by the book to be considered “based upon” that book. This is why many films that are officially based upon books end up so different from the books themselves. Yet they are still considered “based upon” the book.
And this is why my breach of contract lawsuit against Warner Bros. has two firm legs to stand on. It’s not difficult to see that GRAVITY has more than a few material elements in common with the film. My book is under contract to Warner Bros’ subsidiary. And the film appears, at the very least, to be “inspired” by the concepts of my novel.
It also explains why Warner Bros. appears so determined to declare itself not bound by the contract I signed with New Line.
If you are interested in reading an in-depth accounting of the Buchwald v. Paramount case, I highly recommend the book FATAL SUBTRACTION by Pierce O’Donnell and Dennis Mcdougal. O’Donnell was Buchwald’s attorney, and the inside look at a Hollywood lawsuit will make your hair stand on end.
Yesterday, the court granted Warner Bros’s motion to dismiss my lawsuit against them. While Warner Bros crows victory, the judge has in fact left the door open for me to pursue my claim, allowing my legal team twenty days to revise our complaint and address the single issue of concern: the corporate relationship between Warner Bros. and New Line Productions.
For those unfamiliar with why I sued, you can find my original statement here:
A quick wrap-up of the facts:
In 1999, I sold the film rights to my book GRAVITY to New Line Productions. The contract stipulates that if a movie is made based on my book, I will receive “based upon” credit, a production bonus, and a percentage of net profits. The book is about a female medical doctor/astronaut/Mission Specialist who is stranded aboard the International Space Station after the rest of her crew is killed in a series of accidents. A shuttle is destroyed, and damages to ISS require the heroine to perform a hazardous space walk. A biological hazard aboard ISS traps her in quarantine, unable to return to earth. While my film was in development, I re-wrote the third act of the film script and my additional scenes included the shooting down of a satellite which results in a debris cloud colliding with ISS, the complete destruction of ISS, and the lone surviving female astronaut left adrift and untethered in her spacesuit.
Alfonso Cuaron was attached to direct my film — a fact I did not know at the time. My project never made it out of development.
In 2008, Warner Bros acquired New Line Productions. The takeover was rumored to be brutal, with numerous New Line employees losing their jobs overnight.
Sometime around 2008 – 2009, Alfonso Cuaron wrote his original screenplay “Gravity” about a female Mission Specialist astronaut who is the sole survivor after her colleagues are killed by satellite debris destroying their shuttle. She is left adrift in her space suit, and is later stranded aboard the International Space Station. I noted the similarities, but I had no evidence of any connection between Cuaron and my project. Without proof, I could not publicly accuse him of theft, so when asked about the similarities by fans and reporters, I told them it could be coincidental.
In February 2014, my literary agent was informed of Cuaron’s attachment to my project back in 2000. Now the similarities between my book and Cuaron’s movie could no longer be dismissed as coincidence. I sought legal help, and we filed a Breach of Contract complaint that April. Please note: this is not a case of copyright infringement. Warner Bros., through its ownership of New Line, also controls the film rights to my book. They had every right to make the movie — but they claim they have no obligation to honor my contract with New Line.
This is why every writer who sells to Hollywood should be alarmed.
It means that any writer who sold film rights to New Line Productions can have those rights freely exploited by its parent company Warner Bros. — and the original contract you signed with New Line will not be honored. Warner Bros. can make a movie based on your book but you will get no credit, even though your contract called for it.
It means that any parent film company who acquires a studio, and also acquires that studio’s intellectual properties, can exploit those properties without having to acknowledge or compensate the original authors.
This is alarming on many levels, and the principles involved go far beyond my individual lawsuit. Every writer who sells film rights to Hollywood must now contend with the possibility that the studio they signed the contract with could be swallowed up by a larger company — and that parent company can then make a movie based on your book without compensating you. It means Hollywood contracts are worthless.
But as I said, the door is not yet entirely closed on my lawsuit. My attorney Glen Kulik has issued the following statement:
The court issued a long, detailed, and very thoughtful opinion in which it noted that we need to include more facts in our pleading relative to the relationship between Warner Bros. and New Line — that was the only issue before the court on the motion. This happens quite often in litigation, and now we need to go ahead and file an amended complaint which corrects the technical deficiencies using the court’s decision as our roadmap. I do not think that will be hard to do as we have learned a great deal more information about the Warner Bros/New Line relationship since the original Complaint
We will push on.
Many of you have expressed an interest in my position on the film Gravity, whose story bears a strong similarity to the story of my novel Gravity. For my response, please see the following press release, issued on April 30, 2014.
In 1999, the feature film rights to Tess Gerritsen’s novel Gravity were sold outright to the motion picture company Katja Motion Picture Corporation and its parent company New Line Productions. While that project was still in development, Ms. Gerritsen wrote and submitted additional material, including scenes of satellite debris colliding with the International Space Station, the total destruction of ISS, and the surviving female astronaut left adrift in her space suit, alone and untethered. As far as Ms. Gerritsen knew, efforts to develop her novel into a film ended in 2002.
Years later, Ms. Gerritsen became aware of striking similarities between her novel and the then-upcoming film Gravity, to be directed by Alfonso Cuarón and produced, financed, and released by Warner Bros., which, since 2008, has owned and controlled New Line and Katja. Both Ms. Gerritsen’s novel and the film are set in orbital space and feature a female medical doctor/astronaut who is stranded alone aboard the International Space Station after a series of disasters kill the rest of the crew. Both detail the astronaut’s struggle to survive. Both are called Gravity.
At the time, Ms. Gerritsen was unaware of any connection between those persons responsible for the film and those who had worked to develop her novel into a film. Ms. Gerritsen believed that as improbable as it appeared, it was at least within the realm of possibility that an independent storyteller could come up with the same specific setting, character, situation, and give it an identical title.
Then, in February 2014, Ms. Gerritsen received startling new information from a reliable source. She was told that Alfonso Cuaron had also been connected to her project while it was in development, and would have been familiar with her novel.
Ms. Gerritsen is now convinced the similarities are not merely coincidental. Therefore, she has decided to pursue legal action. She has engaged Glen Kulik, of the firm of Kulik Gottesman & Siegel LLP, to file a complaint against Warner Bros., New Line and Katja. Please see the complaint.
Writing Gravity was the most daunting challenge of my career. Even with my background in science, it took exhaustive research, visits to NASA facilities, and interviews with scientists, engineers, flight surgeons, project managers, spaceflight historians, and numerous NASA personnel before I felt knowledgeable enough to write even a single page of this highly technical story. It is the novel I am proudest of.
While I cannot make further comments on this matter, I want to thank my readers and fellow writers for their kindness and support. If this happened to me, it can happen to any writer.
All media inquiries should be directed to Elevate Communications: John Gates, JGates@elevatecom.com (617) 548-8972