A Not-So-Wonderful Copyright Issue

In director Frank Capra’s 1947 Christmas classic, “It’s a Wonderful Life,” an angel helps George Bailey deal with a crisis caused by evil nemesis Henry Potter.

In real life, Tommy Bailey--actually actor Jimmy Hawkins, who played the youngest Bailey child in the film--is calling on lawyers.

Hawkins is suing Spelling Entertainment--78%-owned by entertainment giant Viacom Inc.--and its Republic Pictures unit, alleging they interfered with his right to sell a 1997 “It’s a Wonderful Life” calendar later this year to coincide with the 50th anniversary of the film’s release. It’s an updated version of a 1994 calendar he sold, featuring trivia about the film, old publicity stills and dates the actors and actresses in the movie were born and died. He also has published a trivia book on the movie.

Lawyers from Spelling and Republic threatened legal action earlier this month, claiming in a series of letters that they have a trademark for “It’s a Wonderful Life” and protected copyright interests. In other words, if anyone is going to authorize a calendar, they will.

Hawkins is counting the days until Christmas, hoping he can jump-start his venture. His calendar company was spooked enough to rescind the agreement, demanding the return of a $5,000 advance. QVC has cold feet as well about a potential deal to sell the calendars, he says.

“It’s like Mr. Potter going after the Baileys again,” Hawkins says of his predicament.

Hawkins, now a producer, hoped to sell about 100,000 copies at $11.95 retail. He’s especially irked because a portion of the proceeds are earmarked for an Iowa scholarship foundation, named for the late actress Donna Reed, of which he is a board member. Reed played his mother, Mary, in the film and later starred in the hit TV series “The Donna Reed Show,” where Hawkins was a member of the supporting cast for eight years.

Hawkins isn’t the only former cast member planning a project. Karolyn Grimes, who played Zuzu Bailey in the movie, has been planning to publish an “It’s a Wonderful Life” cookbook. Hawkins says she told him recently that her prospective publisher also received a letter.

At issue is a movie whose ownership rights have always been murky at best. Ironically, that’s why the movie became such a Christmas tradition when it was rediscovered by a new generation in the 1980s. The film, starring James Stewart, is about a man contemplating suicide before an angel lets him see what life would have been like had he not been born.

Because of a clerical error in the 1970s, the film’s copyright was allowed to lapse. TV stations, assuming the film was now in the public domain, aired it at Christmas, with the film sometimes showing on several channels at once.

Bolstered by a court decision involving Alfred Hitchcock’s “Rear Window” in 1990, Republic lawyers sent out a series of letters to TV stations threatening legal action if they aired the movie. Republic’s claim: It owned the rights to a short story on which Capra loosely based the film, and owned the rights to some slivers of music used in the movie. The letters worked, which is why the film has aired less frequently the last two years. It also gave Republic effective control over the airing of a valuable movie that would generate future revenue, as it did in 1995 when NBC aired a special presentation.

Hawkins and his lawyer, Richard T. Ferko, say it’s a big stretch to assume that the portion of the rights Republic claims to own entitles the company to extensive other rights, such as merchandising calendars, cookbooks or whatever.

What’s more, Ferko says, his research has yet to establish convincing evidence that Republic owns any rights at all. He says his search turned up numerous applications by the company for “It’s a Wonderful Life” trademarks and registrations that haven’t been granted, save for one for popped popcorn.

Spelling senior counsel Greer C. Bosworth referred calls to outside counsel, Maren Christensen, who declined to comment on Hawkins’ suit because she’s new to the case.

Ironically, it was Hawkins who tipped Republic off to his calendar plans. Last fall, he met with the company, pitching it on his packaging of a TV special about the 50th anniversary.

Needless to say, he didn’t get anywhere.

Sony Stiffs Disney: Sony Pictures is refusing to pay $6,700 for a full-page ad it placed in the February issue of Los Angeles magazine for “City Hall,” distributed by its Columbia Pictures unit.

Studio executives think they should have been warned about the magazine’s cover story, which ripped Sony as “Hollywood’s most clueless studio.” Officials at the magazine aren’t pursuing the matter.

Disney now owns Los Angeles magazine as a result of its recent acquisition of Capital Cities/ABC Inc.

Times staff writer Denise Gellene contributed to this column.