Avery Guerra, who has been a reliable source for news and behind-the-scenes info on many movie productions, posted this message from Fred Olen Ray at the Monster Zero message board about the Destroy All Planets 2010 DVD controversy:
"I have never been contacted by anyone associated with these films in the ten years we have distributed them except about five years ago when I emailed Daiei to ask about buying rights to the wide screen versions and they told me they didn't own the US rights. Toei likewise denied knowing anything about THE MAGIC SERPENT which we also tried to buy the wide screen rights for at the AFM three years ago.
Otherwise as far as we know there are no rights issues "a'brewing".
The biggest point that everyone is missing is that I only put this out because I was led to believe that the fans wanted it. I had no intention, or desire, to do this, all my usual distribution outlets had turned it down... but I was encouraged by fans to invest in doing the commentary, which we did, but then thought better of putting the show out as it would have to compete with a plethora of other editions.
Continual and repeated emails from fans made me want to offer it to them, but I didn't believe there was enough people really wanting it to do a big run so I went the Amazon.com route so copies would only be created for those who really wanted it... why can't anybody see that I only tried to give them what they kept asking me for? I could give a OH GODZILLA! WHAT TERRIBLE LANGUAGE otherwise... this could have stayed on the shelf for the rest of my life and I wouldn't care. I'm not going to make any real money off the Amazon release, it was done strictly for the fans who asked me for this. It might move a grand total of 25 copies, who knows? Get a life guys, I have bigger and better things to do. The DVD company is my hobby, not my business, I do it for the fans... but probably should have known better.
On different points "Ryan" posted his slander in Amazon's "Customer Review", a section created so that people who have actually bought products on Amazon can view them, then create a review of them. It's not your private flame forum, dude. If this basement dweller doesn't understand the concept of "customer review" then maybe someone should cut him off from a word processor.
Secondly, Copyright registrations begin with the letters PA, not V... don't you kids ever do your homework? The copyright registration the other ignorant guy puts forth is also BS... that's a transfer letter and has nothing to do with registration. Period. He hasn't a clue about copyright laws.
The item you mention is probably a transfer for banking purposes, I don't even need to look at it to know it's not a registration of copyright. Please write 100 times "I will know what I'm talking about before embarrassing myself on-line again".
Third, I'm legally not able to disclose the details of the settlement we made regarding this film and its legal action. However, drop your own dime and search the LA Court records... it's there as far as I know...
After all is said and done DESTROY is already out on 30 different labels and has NEVER been out of print on Retro in almost 10 years... I'd say the horse is out of the barn on this one."
FRED
In response to Ray's comments, August Ragone (who is involved in Shout! Factory's Gamera releases) posted this reply also at Monster Zero:
Avery,
Thanks for posting this. I just want to sort out the facts, and Mr. Ray isn't helping.
Everyone Else,
Since DESTROY ALL PLANETS is not PD, did Mr. Ray get the rights from Kadokawa? The issue is, that he has tried to copyright this as "DESTROY ALL MONSTERS 2010: Special Edition", much like a certain Wade Williams tried to copyright PLAN 9 FROM OUTER SPACE. But, unlike PLAN 9, all the Gamera films reverted back to Daiei (owned by Kadokawa).
Something Weird Video were ordered to C&D once the rights to the Mexican Horror films that they planned to release (including the US dubs by K. Gordon Murray) reverted back to the original owners in Mexico via the NAFTA agreement. Another company, Casa Negra, secured the rights and released the original Mexican versions with Subtitles and the English dub option. How is this different?
Now, I'm not posting to bash this release. I'm passing along information and asking questions regarding the relative legality of this release—it doesn't matter that MGM doesn't own the rights anymore to DESTROY ALL PLANETS. The fact of the matter is that they are now in the hands of Kadokawa, despite claims to the contrary. I don't understand how Kadokawa can own this film and how its in the public domain?
"Settlement"? What settlement? So, he has paid someone for the rights to this? MGM has some original elements, but they know that they don't own the rights and that they reverted back to Kadokawa. Also, Mr. Ray's unwillingness to post the proof of licensing or ownership, in his own defense, is also suspect. "Check on your own dime"? Right.
BTW, the interesting thing about Mr. Ray's comment about trying to get the rights to THE MAGIC SERPENT from Toei... I contacted their LA office on the behalf of a friend of mine, a couple of years ago, and they said it was available. Perhaps Ray isn't asking the right people. At the time, Toei wanted about $20k for the North American Home Video license for this film (for five years), and I rather doubt that Retromedia would want to shell that kind of dough out.
I wonder if Ray tried to contact Kadokawa Pictures through their Los Angeles office when he began this project. It would have only taken a simple phone call at the very least. (I even have their number programed into my cell phone.)
He said he sent emails to Daiei five years ago (was he aware that Kadokawa took them over around about that time or earlier and released Gamera The Brave in April 2006?). We all know that emails get lost, deleted (people thinking they're spam and other reasons) and it appears he might've emailed the wrong person. A traditional business letter would have been more appropriate in this instance (but that's just my opinion), sent via registered or certified mail if need be.
For the record, I happen to like Ray's output and have posted articles about his movies my blog and at Monster Island News, so I have nothing against him. In the blog posts on this DVD, I tried to be even-handed (by posting both sides of the matter) and just stuck to the facts as we know them. He can get permission to release the documents giving him the DVD rights from the parties involved. Doing so could possibly put to rest this matter.
It appears something fell though the cracks involving this particular DVD.
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