Showdown Over Rights to ‘McLintock!’ : MPI made a deal to put out the John Wayne classic with Wayne’s son. Now MPI is suing GoodTimes, which is debuting its own version.

In video circles, they’re calling it the “McLintock!” shootout.

What’s happened is that “McLintock!,” the 1963 Western starring John Wayne and Maureen O’Hara, is debuting on home video produced by two video companies--MPI and GoodTimes. Both are just hitting the market now, priced at $20. This battle, though, will be fought in the courts.

MPI is suing GoodTimes for copyright infringement, seeking damages and a cut of GoodTimes’ profits. The crux of the battle over this movie--an eagerly awaited one by Wayne buffs--is who owns the rights. Wayne’s son Michael, the film’s producer and head of Batjac Productions, claims the rights and made a deal with MPI to put out the movie on home video.

But GoodTimes’ attorney Andrew Baum, of the New York law firm Darby & Darby, says that Batjac didn’t renew the copyright in 1991, so the title went into public domain, meaning that GoodTimes could release it without any copyright infringement concerns.

A music rights issue may be crucial to the outcome. GoodTimes claims it acquired the home video music rights to the compositions in the movie from EMI but Batjac and MPI contend Batjac retained the rights.

From the consumer standpoint, which one is better?

The MPI version, which has been extensively restored--audio and visual--has an edge. “There aren’t any good prints out there of this movie besides what I have,” Michael Wayne said. “I have no idea where they (GoodTimes) could have gotten a decent print. I don’t want these people hurting the John Wayne name by putting out something that’s less than quality.”

No one from GoodTimes would answer Wayne’s charges. All questions about this issue are being referred to Baum, who didn’t want to comment on artistic matters.

Incidentally, John Wayne fans will be happy to hear that his son also has rights to two of his classic early 1950s films, “Hondo” and “The High and the Mighty,” and is planning to release them on home video--though not any time soon.

What’s New on Video

“Passenger 57” (Warner, $95); This action-thriller, about a terrorism specialist (Wesley Snipes) who happens to be on a plane that’s hijacked and winds up battling terrorists, is a “Die Hard 2” clone--as well as “Under Siege” on a plane. Yes, it’s woefully implausible but fans of the genre will love it anyway for the solid action sequences and Snipes’ charismatic performance.

“Hero” (Columbia TriStar, no set price); Great cast--Dustin Hoffman, Geena Davis and Andy Garcia--in a disappointing, high-minded comedy about a seedy con man (Hoffman) who saves some plane-crash victims, but a homeless man (Garcia) takes the credit and becomes a media hero. Director Stephen Frears poses interesting questions about heroism, borrows flagrantly from great old directors Frank Capra and Preston Sturges, but still can’t vitalize this satire, which comes across like a sentimental sitcom. As a TV reporter, Davis is head-and-shoulders above the rest of the cast.

“The Public Eye” (MCA/Universal, no set price); Joe Pesci engagingly plays a daring, clever tabloid photographer working in New York in the early ‘40s. But this fascinating character never makes the anticipated impact because he gets bogged down in routine crime subplots. Almost a good movie, it’s boosted by great period detail and features Barbara Hershey as a seductive widow.

“Sarafina!” (Hollywood, $95); This anti-apartheid musical drama, set in South Africa, worked on stage but on screen falls victim to hokey Hollywoodization--dulling its admirable message. It’s about the politicization of Sarafina (Leleti Khumalo), a young South African student who’s influenced by an inspirational teacher (Whoopi Goldberg).

Upcoming

Just announced: “Toys,” with Robin Williams; “Hoffa,” featuring Jack Nicholson, and “Used People,” starring Shirley MacLaine--all due May 26.

Also: “Night and the City,” “Pet Sematary Two” and “Aspen Extreme” (Wednesday); “Bob Roberts,” “Dr. Giggles,” “School Ties,” “Enchanted April” and “A Brief History of Time” (April 28); “The Distinguished Gentleman” and “Trespass” (May 5); “A River Runs Though It” (May 19); “Body of Evidence” (June 16).