By Edtrader (Edtrader Music And Entertainment on YouTube)
November. 28th, 2023
November. 28th, 2023
The dark of the night is interrupted by the sight and sounds of a man hunter. A metalic beast that glides over all this waste from the war with the machines. Imagery of the Earth reclaiming what we took from her to construct buildings and parking lots. As many of you have guessed by now, that is the opening scene of THE TERMINATOR. Often referred to now as T1. The 1984 hit film that cemented Arnold Schwarzenegger and James Cameron as players in Hollywood.
Harlan Jay Ellison (May 27, 1934 – June 28, 2018)
Twenty years earlier, there was a very similar opening scene in an episode of The Outer Limits. Titled 'Soldier' which was written by Harlan Ellison. First airing on September, the 19th of 1964 on the ABC network, Season 2 Episode 5. That would also run in syndication, Which James Cameron would later say he did watch this episode. The scenes had the same angles, similar music, sound effects, laser effects, both even had this mesh of bent steel that looked like a sick Christmas tree. Watching the two scenes, they are nearly mirror images.
Twenty years earlier, there was a very similar opening scene in an episode of The Outer Limits. Titled 'Soldier' which was written by Harlan Ellison. First airing on September, the 19th of 1964 on the ABC network, Season 2 Episode 5. That would also run in syndication, Which James Cameron would later say he did watch this episode. The scenes had the same angles, similar music, sound effects, laser effects, both even had this mesh of bent steel that looked like a sick Christmas tree. Watching the two scenes, they are nearly mirror images.
Other shots of both future wars are almost identical. Including soldiers from each war are watching the machines. With the camera and the position of the actor/scene at the exact same placement. Both are even looking at the machines through an arch. In both, soldiers are running from the machines with the camera at the same low-level.
The overall script for that episode was similar to The Terminator. A future soldier goes back in time, where he is captured and interrogated by the local authorities. Which is exactly what happened to Kyle Reese in T1. The two also arrive in the 'present day' in the throes of a dirty alley. And they both happen to save a young, beautiful woman. Their names also sound alike, in Solider we have Quillo, In The Terminator we have Kyle. A friend of Harlan's, who was also a film historian that had received a script of T1, informed him that this yet-to-be released film was so similar.
At the same time there were pre-release screenings for the film, the number of comparisons between the two was growing rapidly. The most crucial comparison came from a movie magazine editor who interviewed James Cameron. After receiving a photocopy of the interview, the editor was asked by Pacific-Western Productions, the company owned by James Cameron and his producing partner, Gale Anne Hurd, to delete a comment where Cameron admitted that Ellison's Outer Limits episode was a source of inspiration.
Cameron would later say that he was concerned about the 'substance' of the quote. And that he was concerned about the placement of the quote. It would be easier to have the comments deleted than to amend them. The deal was that Cameron would have final approval on the text that would make it to print. So, the editor complied with the request. However, the editor felt that the quote was so damaging that he called Harlan Ellison and offered his testimony if Harlan wanted to take things to court.
Cameron would later say that he was concerned about the 'substance' of the quote. And that he was concerned about the placement of the quote. It would be easier to have the comments deleted than to amend them. The deal was that Cameron would have final approval on the text that would make it to print. So, the editor complied with the request. However, the editor felt that the quote was so damaging that he called Harlan Ellison and offered his testimony if Harlan wanted to take things to court.
By this point in time, Harlan had seen the film. Harlan notified
his agent, Marty Shapiro, and his attorney, Henry Holmes.
Who had won a previous lawsuit for Harlan in 1980. As ABC ran
a television program called FUTURE COP. Claiming that
the program plagiarized BRILLO. A story written by Harlan
and Ben Bova. It took four years, but Harlan and Bova
were awarded over $300,000.
Henry Holmes earned the nickname 'Destroyer Lawyer' due to his track record of success. Harlan on the other hand would be branded as 'troublemaker' Ellison. But Harlan Ellison and Hemdale, who financed and released T1, agreed to have Holmes as the negotiator between the two parties. As Holmes had also won cases for Hemdale.
Holmes would watch the film, confirming to himself that he was seeing what Harlan was seeing, Holmes would gather with Ellison, Hemdale's attorney Alan Grodin, Hurd's attorney, Cameron's attorney Matthew Saver, and Steve Kroft from the Fireman's Fund Insurance. The underwriters are responsible for the film's finances.
Cameron and Hurd were not in this meeting.
Cameron and Hurd were not in this meeting.
But the high-powered, high-rolling group would watch the film. Alongside tapes of not only Harlan's 'Soldier' episode, But several episodes of Harlan's Outer Limits to cite specific elements that Cameron heavily borrowed from to put into T1 scenes. Trying to establish a precedent of infringement. Ellison and his agent maintained that not only visual elements, but also certain concepts that were part of Ellison's writing style found their way to T1.
The short story 'I Have No Mouth And I Must Scream' was another Ellison project that was heavily cited. A story during World War III in which it was put into the hands of a supercomputer. The supercomputer decides just to wipe out the whole human race.
Also cited was the episode 'Demon With a Glass Hand'. (October. 17th, 1964 Season 2 Episode 5) About a time-traveling robot entrusted with the fate of the human race. Star Trek's episode 'City On The Edge Of Forever' (also written by Ellison) was mentioned as well. Both Dr. McCoy and Kyle Reese appear in a dark alley with a disheveled homeless guy in the doorway.
The case was presented with a lot of evidence, so Ellison's team recommended that everyone should just reach a settlement rather than go all the way to court. As the court battle would be a long and expensive process. The only successful Hollywood plagiarism lawsuits were hard-fought and hard-won over a series of years. The comparisons between T1 and all these episodes revealed almost a mirror image of each other. The opening of T1 and Soldier would be the resting place of the 'borrowing' similarities.
The director of Soldier, Gerd Oswald, would see T1 and recall saying to himself that things were too close for comfort. The film borrowed heavily from the episode that he had directed. So he would join in and step forward to support Ellison.
Had this case gone all the way to court, the grounds would have been precedent-setting. As Ellison's team would have to establish, beyond the shadow of the doubt, that although there was no direct theft of material, James Cameron knowingly raided the workers of one writer for elements that were proven to be unique to that specific writer.
Cameron contested the notion that he plagiarized anything. Hemdale stood behind Cameron and flat-out told Ellison and his team that he had no case.
By this time, ORION Pictures had signed on to distribute the film theatrically. They were unwillingly involved in this lawsuit now. As the distributor of the film, they were contractually obligated to establish the clear right to any film elements distributed to theaters. Hurd and Cameron were responsible for the copyright portion of the lawsuit. Fireman's Fund Insurance would be the ones to pay off Ellison if he won. As Hemdale, Hurd, and Cameron would file it as an insurance claim. Which is one of the reasons that you have insurance on a film.
As this meeting progressed, things went from a professional tone to a bunch of angry birds in a single coup. So nothing was to be settled on the day. But Hemdale did ask Henry Holmes to no longer be the in-between negotiator, but to pick a side. More urged to join Cameron and Hurd's side. He knew all the dirt from both sides of the issue. So whichever side he fell on would have the heavy punching power.
It backfired as Holmes said he would pick Ellison's side. As Ellison would win hands down if this went to court. Hemdale would concede that they couldn't beat the great Henry Holmes in a court battle. After this meeting, the negotiations from both sides were throwing numbers that were farther apart than the East is from the West. Draft after draft of agreements that went on longer than the script rewrites for Freddy Vs. Jason. Had more variants than the Bible.
The usual legal jockeying to arrive at the same destinations of mutually accepted terms and compensation. It took over six months of oversights and offer to counter-offer to reach a document that all parties would sign... only to have the agreement breached less than a week later, before the paperwork was properly drawn up and sign by all parties.
It was made very clear by Harlan Ellison that he wanted acknowledgment in the beginning of the film. To Ellison, it wasn't about the want of reparations, but more about the principle of the matter. He wanted a direct admission that he was owed a debt.
Hemdale believed that Ellison had a good enough case to settle out of court. But when it came to this request, they were not conceding so easily. They began to in engage what you could call 'Stall Tactics'. In response to what Ellison and his team considered as a reasonable reparation, Hemdale said they offered them a negligible settlement. As Ellison's lawsuit wasn't a threat but merely a nuisance.
Ellison stood by his want to have his name printed on current and all future prints. It couldn't be in the end credits. As on television they often speed through or split screen the end credits. James Cameron was not conceding to having Ellison's name before, after, or even underneath the movie. Ellison's name shouldn't even be underneath the seats in the theaters.
During yet another interview with James Cameron, the director was indiscreet to a reporter when asked about the comparisons between T1 and The Outer Limits. Which was apparent to the fans by this point. Cameron had also found out that Hemdale now agreed to the insertion of a credit to Ellison. As a feature 'card' during the end credits. But the deal was it still had the same size and duration as Cameron's credit. “The producers wish to acknowledge the works of Harlan Ellison”. Which if you notice, in subtext, James Cameron gives a F you to Harlan. The movie nor the writer/director acknowledges Harlan, just the producers. That was not a happy concession for Ellison. So it was changed to “Acknowledgment to the works of Harlan Ellison.”
By February of 1985, it seemed that the dispute had finally came to an end. Hemdale offered $57,000 as reparations to Ellison and Holmes was to hold another $5,000. Which was to be given to Ellison after a period of time, if Ellison never spoke of the lawsuit or T1. A gag order in another words. Hemdale would 'gag order' themselves as those involved agreed they wouldn't say anything about the issue beyond an agreed press release.
They wanted everyone quiet. Ellison was known as a high profile and vocal figure and Hemdale wanted to keep a lid on any media attention on the issue. Ellison have many troubles with the agreements, but agreed to be circumspect about the dispute, in order to secure his credits. So all the parties were just waiting for the paperwork to be drawn up to sign.
The short story 'I Have No Mouth And I Must Scream' was another Ellison project that was heavily cited. A story during World War III in which it was put into the hands of a supercomputer. The supercomputer decides just to wipe out the whole human race.
Also cited was the episode 'Demon With a Glass Hand'. (October. 17th, 1964 Season 2 Episode 5) About a time-traveling robot entrusted with the fate of the human race. Star Trek's episode 'City On The Edge Of Forever' (also written by Ellison) was mentioned as well. Both Dr. McCoy and Kyle Reese appear in a dark alley with a disheveled homeless guy in the doorway.
The case was presented with a lot of evidence, so Ellison's team recommended that everyone should just reach a settlement rather than go all the way to court. As the court battle would be a long and expensive process. The only successful Hollywood plagiarism lawsuits were hard-fought and hard-won over a series of years. The comparisons between T1 and all these episodes revealed almost a mirror image of each other. The opening of T1 and Soldier would be the resting place of the 'borrowing' similarities.
The director of Soldier, Gerd Oswald, would see T1 and recall saying to himself that things were too close for comfort. The film borrowed heavily from the episode that he had directed. So he would join in and step forward to support Ellison.
Had this case gone all the way to court, the grounds would have been precedent-setting. As Ellison's team would have to establish, beyond the shadow of the doubt, that although there was no direct theft of material, James Cameron knowingly raided the workers of one writer for elements that were proven to be unique to that specific writer.
Cameron contested the notion that he plagiarized anything. Hemdale stood behind Cameron and flat-out told Ellison and his team that he had no case.
By this time, ORION Pictures had signed on to distribute the film theatrically. They were unwillingly involved in this lawsuit now. As the distributor of the film, they were contractually obligated to establish the clear right to any film elements distributed to theaters. Hurd and Cameron were responsible for the copyright portion of the lawsuit. Fireman's Fund Insurance would be the ones to pay off Ellison if he won. As Hemdale, Hurd, and Cameron would file it as an insurance claim. Which is one of the reasons that you have insurance on a film.
As this meeting progressed, things went from a professional tone to a bunch of angry birds in a single coup. So nothing was to be settled on the day. But Hemdale did ask Henry Holmes to no longer be the in-between negotiator, but to pick a side. More urged to join Cameron and Hurd's side. He knew all the dirt from both sides of the issue. So whichever side he fell on would have the heavy punching power.
It backfired as Holmes said he would pick Ellison's side. As Ellison would win hands down if this went to court. Hemdale would concede that they couldn't beat the great Henry Holmes in a court battle. After this meeting, the negotiations from both sides were throwing numbers that were farther apart than the East is from the West. Draft after draft of agreements that went on longer than the script rewrites for Freddy Vs. Jason. Had more variants than the Bible.
The usual legal jockeying to arrive at the same destinations of mutually accepted terms and compensation. It took over six months of oversights and offer to counter-offer to reach a document that all parties would sign... only to have the agreement breached less than a week later, before the paperwork was properly drawn up and sign by all parties.
It was made very clear by Harlan Ellison that he wanted acknowledgment in the beginning of the film. To Ellison, it wasn't about the want of reparations, but more about the principle of the matter. He wanted a direct admission that he was owed a debt.
Hemdale believed that Ellison had a good enough case to settle out of court. But when it came to this request, they were not conceding so easily. They began to in engage what you could call 'Stall Tactics'. In response to what Ellison and his team considered as a reasonable reparation, Hemdale said they offered them a negligible settlement. As Ellison's lawsuit wasn't a threat but merely a nuisance.
Ellison stood by his want to have his name printed on current and all future prints. It couldn't be in the end credits. As on television they often speed through or split screen the end credits. James Cameron was not conceding to having Ellison's name before, after, or even underneath the movie. Ellison's name shouldn't even be underneath the seats in the theaters.
During yet another interview with James Cameron, the director was indiscreet to a reporter when asked about the comparisons between T1 and The Outer Limits. Which was apparent to the fans by this point. Cameron had also found out that Hemdale now agreed to the insertion of a credit to Ellison. As a feature 'card' during the end credits. But the deal was it still had the same size and duration as Cameron's credit. “The producers wish to acknowledge the works of Harlan Ellison”. Which if you notice, in subtext, James Cameron gives a F you to Harlan. The movie nor the writer/director acknowledges Harlan, just the producers. That was not a happy concession for Ellison. So it was changed to “Acknowledgment to the works of Harlan Ellison.”
By February of 1985, it seemed that the dispute had finally came to an end. Hemdale offered $57,000 as reparations to Ellison and Holmes was to hold another $5,000. Which was to be given to Ellison after a period of time, if Ellison never spoke of the lawsuit or T1. A gag order in another words. Hemdale would 'gag order' themselves as those involved agreed they wouldn't say anything about the issue beyond an agreed press release.
They wanted everyone quiet. Ellison was known as a high profile and vocal figure and Hemdale wanted to keep a lid on any media attention on the issue. Ellison have many troubles with the agreements, but agreed to be circumspect about the dispute, in order to secure his credits. So all the parties were just waiting for the paperwork to be drawn up to sign.
No later than March of 1985, Ellison was knocking on Hemdale's door again. Ellison found out that 20,000 VHS units of T1 was released before the agreement on his credits. This oversight breached the agreement that was still being drawn up. Ellison was told that it was impossible to recall all of those tapes. Or to print his acknowledgment on the VHS covers. Holmes and Ellison were not happy about the seemingly nonchalant way that Hemdale was taking this new contention. They claimed that Hemdale failed to advise the VHS manufacturers that the film was in the middle of contention. Which was a breach of good faith in the verbally agreed contract.
A second error occurred as the next print of the VHS came off the line. Hemdale present a copy to Ellison and Holmes. And once again the credit was not at the beginning of the film. It instead appeared during the end rolling credits. With the same type size and duration as the key grips and caterers. Squeezed between the music credits and the name of the processing lab. Deemed to be unnoticeable by Holmes and Ellison.
Hemdale representatives claimed it was just another error. For Ellison and Holmes, The dispute had long since been about wither James Cameron had deliberately or unconsciously stolen from Ellison's work. Their focus switched from that to the way that Hemdale were either stupid or were jerking Ellison around by not being able to fulfill the simplest part of their agreement.
As May of 1985 rolled around, the principals involved fine-tuned the agreement and it was finally signed. Concessions had been made by both sides. Due to the repeated faux pas with the VHS releases, Holmes had to sign a final approval before the film was 'finalized'. All future copies or runs of the film, in any form or fashion, has to have Ellison's credit, in its current position.
Now the deals were made, the ink on the contracts had dried, and checks were cashed. By this time the theatrical run was of course over. VHS sales and rentals were no longer the hot new release. It was now time for the film to hit television. On the pay channel ONTV and cable channel HBO. The May 16th premiere had the eyes of Holmes and Ellison on their screens. And of course, the Ellison credit was MISSING YET AGAIN.
It was no surprise to the duo, having dealt with this for the past six months. When asked of ONTV about this, their response was that they weren't told about any of this legal stuff. There were no instructed to air a print bearing the additional Ellison credit. It was Hemdale's responsibility to provide a corrected print.
The next morning, Holmes called Hemdale, and it was made aware that the oversight didn't go unnoticed. And that he considered the airing yet another breach of contract. The finger was pointed at the television people, who pointed the finger at Orion, who pointed the finger at Hemdale. In an act of restraint, Ellison didn't sue Hemdale.
During the last week of May 1985, Variety, Hollywood Reporter, and Daily Reporter, would have full- and half-page articles. Announcing that Ellison and Hemdale had come to terms on the release of The Terminator. Ellison would always have the credit of 'With special thanks to Destroyer Lawyer, Henry W. Holmes' on any interviews or press releases.
A second error occurred as the next print of the VHS came off the line. Hemdale present a copy to Ellison and Holmes. And once again the credit was not at the beginning of the film. It instead appeared during the end rolling credits. With the same type size and duration as the key grips and caterers. Squeezed between the music credits and the name of the processing lab. Deemed to be unnoticeable by Holmes and Ellison.
Hemdale representatives claimed it was just another error. For Ellison and Holmes, The dispute had long since been about wither James Cameron had deliberately or unconsciously stolen from Ellison's work. Their focus switched from that to the way that Hemdale were either stupid or were jerking Ellison around by not being able to fulfill the simplest part of their agreement.
As May of 1985 rolled around, the principals involved fine-tuned the agreement and it was finally signed. Concessions had been made by both sides. Due to the repeated faux pas with the VHS releases, Holmes had to sign a final approval before the film was 'finalized'. All future copies or runs of the film, in any form or fashion, has to have Ellison's credit, in its current position.
Now the deals were made, the ink on the contracts had dried, and checks were cashed. By this time the theatrical run was of course over. VHS sales and rentals were no longer the hot new release. It was now time for the film to hit television. On the pay channel ONTV and cable channel HBO. The May 16th premiere had the eyes of Holmes and Ellison on their screens. And of course, the Ellison credit was MISSING YET AGAIN.
It was no surprise to the duo, having dealt with this for the past six months. When asked of ONTV about this, their response was that they weren't told about any of this legal stuff. There were no instructed to air a print bearing the additional Ellison credit. It was Hemdale's responsibility to provide a corrected print.
The next morning, Holmes called Hemdale, and it was made aware that the oversight didn't go unnoticed. And that he considered the airing yet another breach of contract. The finger was pointed at the television people, who pointed the finger at Orion, who pointed the finger at Hemdale. In an act of restraint, Ellison didn't sue Hemdale.
During the last week of May 1985, Variety, Hollywood Reporter, and Daily Reporter, would have full- and half-page articles. Announcing that Ellison and Hemdale had come to terms on the release of The Terminator. Ellison would always have the credit of 'With special thanks to Destroyer Lawyer, Henry W. Holmes' on any interviews or press releases.
Aftermath...
Henry Holmes was based out of the Cooper, Epstein, and Hurewitz law firm. Who handled Hemdale's legal representation as well, was dropped by Hemdale soon afterwards. Hemdale's executives may not have been smart enough on the world of SCI-FI to see the creative borrowing from James Cameron. Or they might not have really even cared as the movie was bringing in buckets of cash. But it doesn't alter the perception that at any time did Hemdale indicate by their actions, their wants and desires, to resolve the issues.
Ellison came away with the last word, as James Cameron can edit and remaster T1 in any way he wants. But Ellison's name will always be in the same spot.
Henry Holmes was based out of the Cooper, Epstein, and Hurewitz law firm. Who handled Hemdale's legal representation as well, was dropped by Hemdale soon afterwards. Hemdale's executives may not have been smart enough on the world of SCI-FI to see the creative borrowing from James Cameron. Or they might not have really even cared as the movie was bringing in buckets of cash. But it doesn't alter the perception that at any time did Hemdale indicate by their actions, their wants and desires, to resolve the issues.
Ellison came away with the last word, as James Cameron can edit and remaster T1 in any way he wants. But Ellison's name will always be in the same spot.
"Just lift yourself up like I lifted things from Ellison"