The episode of “Midnight in the Desert,” hosted by Art Bell on October 5, 2015, begins with Art greeting the audience and setting the tone for a wide-ranging conversation that covers news, weather events, and the main interview with Tess Gerritsen, a bestselling author. Art starts by discussing the weather in the desert, a rare storm, and current events, including the South Carolina flood disaster and a tragic shooting in Oregon. He highlights a significant interview on CNN where a victim’s relative claimed that the problem in the U.S. was not guns but mental health issues, which Art passionately agrees with. This leads into broader news topics, including global warming and a shipwreck caused by Hurricane Joaquin.
After the initial news coverage, Art shifts to introduce the main guest, Tess Gerritsen, and shares his admiration for her novel “Gravity.” He describes how the book left a deep impact on him and his surprise when the movie “Gravity” was made, apparently without any connection to Tess’s work despite striking similarities. Tess explains how she originally sold the movie rights to her book and details the legal battle she faced, believing that her work was the basis for the film. Throughout the conversation, they explore her research for the novel, including her deep dive into NASA and aerospace medicine, and how those experiences shaped her writing.
As the discussion unfolds, they discuss Tess’s process of immersing herself in scientific details and her discovery of how Hollywood works with adaptation rights. The lawsuit she filed against the filmmakers of “Gravity” comes up, where Tess explains how Alfonso Cuarón was once slated to direct her movie adaptation before eventually creating a film with a suspiciously similar premise. Despite her concerns, the case was eventually dismissed, and Tess chose not to pursue further legal action. Art and Tess reflect on the nature of creative ownership and the challenges authors face when their works intersect with Hollywood.
The next part of the episode continues with Art and Tess discussing the details of her lawsuit and the broader implications of her experience. Tess explains that after ten years, the rights to her book were still held by New Line Productions, which had been acquired by Warner Brothers. When the movie “Gravity” was announced, Tess started receiving congratulatory messages, assuming her book was finally being adapted. However, as she investigated, she realized there were significant parallels between her book and the movie but no official connection. This led to suspicions, especially since Cuarón had been attached to direct her movie years before, and many elements of her book’s crisis were used in the film.
Tess describes how a mysterious informant, dubbed “Deep Throat,” contacted her agent with inside information, revealing that Cuarón had once been considered to direct her adaptation and had even suggested George Clooney for the lead role. This connection led Tess to pursue legal action, filing a lawsuit in 2014. Tess talks about how the legal process unfolded, with Warner Brothers initially showing interest in a settlement but later switching tactics once a particular judge was assigned to the case.
Despite having a strong legal team and detailed information from Deep Throat, the case ultimately did not go in Tess’s favor. Warner Brothers’ legal defense argued that while they had acquired the rights to the movie, they did not inherit the obligations from New Line. Tess reflects on how the lawsuit, while initially promising, was dismissed by the judge, leaving her with the decision of whether to appeal. Her lawyer was confident they could win on appeal, but Tess, weary from the drawn-out process, chose not to continue.
Tess continues to describe the aftermath of her decision not to pursue an appeal. She shares her frustration with the legal process and how it often favors large corporations with endless resources. Tess reflects on how, despite having solid evidence and an affidavit from Deep Throat, the legal system allowed Warner Brothers to avoid taking responsibility. Art sympathizes with her, noting how common it is for creative works to be appropriated or altered by Hollywood, often leaving the original creators with little to no recourse.
Tess goes on to explain the emotional toll the lawsuit took on her, particularly the public scrutiny and how she was portrayed in the media as a “greedy” writer. She emphasizes that it wasn’t about the money for her; it was about standing up for her creative rights. Tess believed the story was too similar to be coincidental, especially given the timeline and the involvement of Alfonso Cuarón. However, without the case going to court, she was never able to fully prove her claims.
Art expresses his admiration for Tess’s perseverance and professionalism throughout the ordeal. They both reflect on how difficult it is for authors to navigate the complex world of film adaptations, where creative works are often transformed in ways that can feel disheartening to the original writers. The conversation shifts back to the film “Gravity,” with Art praising the movie’s visuals but agreeing with Tess that there were many questionable decisions made in its adaptation of key themes from her book.
Tess and Art delve deeper into the complexities of creative ownership and the difficulties authors face when their work enters the world of Hollywood. Tess explains that one of the most frustrating aspects of the situation was the sense of powerlessness that came with trying to fight a large corporation like Warner Brothers. Despite having a strong case, the sheer scale of resources available to the studio made it nearly impossible for her to continue the legal battle without exhausting herself emotionally and financially.
Art empathizes with her experience, noting that this kind of situation is unfortunately all too common in the entertainment industry. He mentions that many creators have faced similar battles, where their intellectual property is taken and reworked without proper credit or compensation. Tess reflects on how this issue goes beyond just her case and speaks to a larger problem within the industry, where large corporations hold significant power over creative individuals.
They also talk about the public’s misunderstanding of how book-to-film adaptations work. Tess shares that many readers assumed that because her book was similar to the movie, she must have been involved in the film’s production or at least compensated, which wasn’t the case. This led to further frustration, as Tess had to repeatedly explain the situation to fans and the media.
Despite everything, Tess maintains a positive outlook, emphasizing that the experience taught her valuable lessons about the industry and about standing up for her rights, even when the odds are stacked against her. Art commends her for handling the situation with grace and professionalism, even in the face of such a difficult battle.
Tess and Art reflect on the broader implications of the lawsuit and the lessons learned from the experience. Tess talks about how, despite the disappointment of not winning the case, she is grateful for the support she received from fans and fellow writers throughout the ordeal. She notes that many other authors reached out to her, sharing their own experiences of having their work misused or adapted without proper credit. This sense of solidarity within the writing community helped her feel less isolated in her fight.
Art shifts the conversation to ask Tess about her future projects and whether the experience with “Gravity” has impacted her desire to pursue film adaptations for her other works. Tess admits that while the experience was difficult, it hasn’t deterred her from continuing to write or exploring new opportunities in film. She remains passionate about storytelling and is open to future collaborations, but she’s also more cautious and knowledgeable about protecting her intellectual property.
The episode ends on a hopeful note, with Art thanking Tess for sharing her story and commending her for her resilience. Tess expresses her gratitude for the opportunity to discuss the issue publicly and hopes that by sharing her experience, other writers will be more aware of the challenges involved in dealing with Hollywood. As they wrap up, Art promises to keep following her work and looks forward to seeing what she does next, wishing her continued success in her career.