LOS ANGELES (February 1, 2007) — A Hollywood partnership between best-selling author Clive Cussler and Denver billionaire Philip Anschutz had the potential to spawn a lucrative action-film franchise such as the “Indiana Jones” series. Instead, the collaboration went sour and led them to a California court room.
Anschutz gave Cussler creative control — a rarity in Hollywood — over films based on his books featuring his fictional alter ego, Dirk Pitt.
In return, the writer would be paid $10 million for each book that became a movie and receive consultation and approval rights.
The good will between the two, however, ended in a dustup during the production of “Sahara,” starring Matthew McConaughey and Penelope Cruz. Cussler claimed the adaptation of his book was ruined by bad scripts. Anschutz countered the author was irrational and difficult.
The two are now in court, accusing one another in dueling lawsuits of crippling the 2005 film, which grossed about $68 million at the U.S. box office.
Jury selection is under way in the trial that will include both lawsuits, with opening statements expected late this week. Both sides are seeking millions of dollars in general and punitive damages.
McConaughey and executives connected with the movie are on the witness list.
The trial could explore intriguing details about the moviemaking process that are usually kept behind studio gates. There are claims of sabotage, racism and unnecessary spending on replacement scriptwriters.
The relationship between Cussler and Anschutz started amicably. In a deposition, Anschutz said he liked Cussler’s novels because they were family friendly.
In his lawsuit filed in January 2004 against Anschutz’s Crusader Entertainment, Cussler said the deal was breached when the “Sahara” screenplay was altered without his written consent.
“This case involves Crusader Entertainment’s misrepresenting its intentions, misleading the public, breaking its word and claiming valuable rights in Clive Cussler’s novels to which it is not entitled,” Cussler’s lawsuit states.
“A fundamental part of the deal was to have Mr. Cussler approve the screenplay,” attorney Bert Fields, who represents Cussler, said outside court on Wednesday.
In his countersuit, Anschutz said his company gave Cussler certain approval rights regarding the screenplay and selection of actors and directors, but the author didn’t cooperate.
The lawsuit portrays Cussler as an obstructive presence, rejecting numerous revisions of the screenplay and bashing the film in the media before it was released.
“He delayed production of `Sahara,’ markedly increased its costs and harmed its commercial prospects,” the lawsuit said.
Cussler told the Denver Post in December 2003 that the “Sahara” scripts were “garbage,” and all seven he had received were thrown in the trash, according to the countersuit.
Anschutz also claimed that Cussler made racist comments about Jews and blacks before the film was made. Cussler denied the accusations.
Lawyer Marvin Putnam, who represents Anschutz’s company, also claimed Cussler misled the moviemakers about the popularity of the books.
“This case is about fraud, pure and simple from the get-go,” Putnam said. “We only discovered after the movie came out that the fan base didn’t exist.”
Called the “Grandmaster of Adventure,” Cussler, 75, has written 19 books that have sold tens of millions of copies. His novels feature Pitt, a scruffy thrill seeker with an affinity for shipwrecks and classic cars — much like his creator.
One of Cussler’s books, “Raise the Titanic!” was made for the big screen in 1980, starring Jason Robards, but didn’t do well at the box office.
Anschutz, 67, who made his fortune from oil and railroad holdings, helped build the fiber-optic network company Qwest Communications. He retired as the company’s director last year to focus on his growing private empire.
Among his holdings are Regal Cinemas, one of the nation’s largest movie-theater chains, several Major League Soccer teams, and controlling interest in the Staples Center and the Home Depot Center sports and entertainment venues, both in the Los Angeles area.
His film collaborations have largely been successful as well. Anschutz Film Group is the umbrella for two film companies. Bristol Bay Productions, which was created from Crusader Entertainment, is responsible for the 2004 hit “Ray.” Walden Media made the 2005 fantasy “The Chronicles of Narnia: The Lion, the Witch and the Wardrobe.”
“Narnia,” based on the series written by C.S. Lewis, has made more than $1 billion worldwide. A sequel is expected in 2008.
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