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Did the Touhy's put their other kids in conservatorships? If the conservatorships are for the good of the people being placed in it, why not? Did they not want as good for their own children as Oher? Does he still need an adult in the room now that he's 37? The conservatorship reportedly still exists!
I have read enough variance in how payouts for various parts of Hollywood productions work that I'll wait for discovery (if any) on this. Obviously Lewis and the Touhy's have an incentive to down play any money they may have received and Oher has an incentive to exaggerate it.
The payoffs feel off to me. Especially since Michael Lewis wasn’t a complete virgin at this stuff. He already wrote a big book - Liars Poker. Was smart enough to last on a Wall St trading desks. And the Touhys negotiated plenty of deals too. It just doesn’t make sense they only got themselves 700k. Depends on the touhys net worth to a great extent I see anything from $40-250 million. (Apparently sold restaurants for 200+ but who knows how much debt they had on them). If it’s 250 million I doubt they would squeeze Oher on some payouts.
On the conservatorship I feel fairly confident a person in his position needed someone he could trust. The other kids wouldn’t have had life coming at them as fast and the Touhys being rich would control their kids allowances etc.
Didn’t the family get $700000? The author of the book probably had his own separate deal.
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Moneyball is the much more relevant comparison fwiw.
Moneyball came later. So couldn’t include it as his background when negotiating first deal.
Huh. You're right. The Moneyball movie came later, but the book was written before The Blind Side.
I figured once an author has made the content for one big movie they get more leverage. Having a highly popular book gives some leverage.
You are correct, that makes a lot of sense. More familiarity with the process as well. But I'd think the most important thing is having two producers (directors, studios, whatever and etc.) interested in the work. One guy wants to make a movie of your book, you get what's "fair;" two guys want to compete to make a movie of your book you have a bidding war.
Michael Lewis also spoke at my sister's graduation, so I've followed his writing pretty closely, but less so the movies. I never recall hearing anything about the book prior to the movie, where Moneyball and Liar's Poker and The Big Short were huge successes and cultural landmarks prior to their respective films. The Blind Side was sort of an also ran as a book.
Possibly relevant: on another forum someone mentioned that Oher was in college when the book was written/published. NCAA rules would have prohibited him from benefitting from the book during that time. This may have impacted the later distribution of rights based on the book. So because Oher probably didn't/couldn't get revenue from the book, he would not have gotten part of the book rights, his rights in the film would have had to be a more general "life rights" agreement. But the filmmakers may not have pursued that, given that they had the rights to the book in hand. Maybe a sufficiently zealous advocate manages to carve out some money for Oher, but that seems like a tiny slight to sue over.
It's an interesting theory but the timing doesn't work out. The conservatorship started in 2004, and it's doubtful that there would be any indication that not only would a book that featured him be written by a prominent writer but that that book would be turned into a movie. He wouldn't have needed to sign over publicity rights for a book because he wouldn't have been entitled to any money from it, and there's no indication that he made any money. It's certainly not customary for publishers that aren't tabloids to offer cash to people whose stories they make money off of. In any event, even if NCAA rules prohibited him from making money directly, it's unlikely that they would be interpreted that a conservator would be allowed to make money on his behalf. Even if that were the case, it would make more sense to establish a trust for his benefit that to go full-blown conservatorship, since a trust doesn't require court approval.
This wouldn't relate to the creation of the conservatorship, but instead to why Oher would not receive proceeds from the film (which came out in 2009) based on the book (which came out in 2006). Oher remained NCAA eligible to my knowledge until 2008, and would not have been able to sign any contract to profit from his name image or life story without losing eligibility. The other family members were under no such constraints.
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The rule of thumb is that rights to source material should be about 2% of the film's budget. The Blind Side has a 29 million budget which puts the fee at 580,000. JK Rowling received 2 million for the first four Harry Potter books, and those were much bigger than a nonfiction book about offensive linemen. 700k seems reasonable.
The movie Liars Poker has nothing to do with the Michael Lewis book.
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I agree he probably needed someone he could trust, but I don't see how that necessitates the construction of a legal conservatorship. It's not clear to me why the Touhy's needed extra legal rights to control Oher after he was an adult.
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