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Tarzan, the Ape Man is a 1981 American adventure film directed by John Derek and starring Bo Derek, Miles O'Keeffe, Richard Harris, and John Phillip Law. The screenplay by Tom Rowe and Gary Goddard[3] is loosely based on the 1912 novel Tarzan of the Apes by Edgar Rice Burroughs, but from the point of view of Jane Parker.

The original music score is composed by Perry Botkin Jr. Former Tarzan actor Jock Mahoney (billed as Jack O'Mahoney) was the film's stunt coordinator. The film is marketed with the tagline Unlike any other "Tarzan" you've ever seen! The original actor cast in the Tarzan role was fired (or quit) early in production, resulting in the sudden casting of his stunt double, Miles O'Keeffe, in the title role. The film was panned by critics and fans of the books for its storyline, acting and R-rating, and in some circles has been considered to be one of the worst films ever made. Despite this, it was a box-office success, grossing $36.5 against a $6.5 million budget.

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Bo Derek was extremely popular at the time due to her appearance in 10. After making A Change of Seasons, she was meant to appear in High Road to China but pulled out of the film saying she wanted to be directed only by her husband John.[4]

In February 1980, Metro-Goldwyn-Mayer announced the studio was making a Tarzan film with the Dereks. Warner Bros. complained, as that studio was also developing a Tarzan film with Robert Towne called Greystoke and they had the rights to the character from the Burroughs estate. MGM argued the Derek film would be the second remake of their 1932 film Tarzan the Ape Man which they had the right to do, having released the first remake in 1959.[5] The Burroughs estate sued MGM.[6]

In a 2012 interview with the film history magazine Filmfax, co-writer Gary Goddard revealed that he had originally been commissioned to write a screenplay for Bo Derek based upon the Marvel Comics superheroine, Dazzler; a 30-page treatment was completed before the project was canceled and work instead proceeded on Tarzan, The Ape Man which initially carried the working title Me, Jane reflecting its focus on Jane Porter as a showcase for Derek.[3]

The original Tarzan was Lee Canahalin.[9] He injured his knee in 1980 meaning he was reliant on his stuntman. His stuntman had to undergo an emergency appendectomy when filming started. This resulted in Canahalin being replaced by Miles O'Keeffe.[10]

The film was widely panned upon its release. Film critic and historian Leonard Maltin considers this one of the worst films ever to appear in his popular TV movies and Video Guide (now simply Movie Guide): "Deranged 'remake' lacks action, humor and charm...Forget about comparisons to Johnny Weissmuller; O'Keefe makes Elmo Lincoln seem like Edwin Booth...Should you feel an earthquake while watching this picture, chances are it's Edgar Rice Burroughs reeling in his grave." Leslie Halliwell described Tarzan, the Ape Man as "certainly the worst of the Tarzan movies and possibly the most banal film so far made; even the animals give poor performances".[12] In a discussion of Tarzan films, Thomas S. Hischak was also negative: "Produced and directed without a shred of talent by John Derek, Tarzan, the Ape Man often ranks high in the lists of the worst movies ever made."[13]

However, critic Roger Ebert offered a somewhat more positive review of Tarzan, the Ape Man, awarding it two and a half stars out of a possible four. According to Ebert, the film was "completely ridiculous, but at the same time it has a certain disarming charm." Ebert thought Harris's talents were completely wasted and the film's dramatic peak was "incomprehensible", yet he praised the forthright depiction of the sexual passion and tension between Tarzan and Jane, which had more typically been downplayed in film adaptations of the characters: "The Tarzan-Jane scenes strike a blow for noble savages, for innocent lust, for animal magnetism, and, indeed, for soft-core porn, which is ever so much sexier than the hard-core variety."[14]

Reviewing the movie retrospectively for The Encyclopedia of Fantasy, John Grant comments that the movie "is widely regarded as the direst of the Tarzan movies, but it has enough good bits (including some spectacular photography and moments of exquisite wrongness) that, if cut by about 40 minutes, it would be highly regarded. As it is, it leaves a nasty taste: its intention seems to be to appeal to those who find eroticism in the sexual humiliation of women."[15] On Rotten Tomatoes, the film has an aggregate score of 10% based on 2 positive and 18 negative critic reviews.[16]

Despite the negative reviews it received, the film was a success at the box office. It opened in 950 theatres in the United States, except New York, and was the highest-grossing film of the weekend with a gross of $6,700,809.[17][18] It went on to gross US$36,565,280 in the United States and Canada.[19]

The Japanese manga series JoJo's Bizarre Adventure references this movie in chapter 265, the final chapter of the manga's third part, Stardust Crusaders. Jtar Kj tests his grandfather Joseph Joestar with trivia questions, including "Who's the female lead in the 1981 film, Tarzan, the Ape Man?", which Joseph correctly answers with "Bo Derek". This scene is also featured in the last episode of the second season of the manga's 2012 anime adaptation.[citation needed]

Gary Goddard said he was going to write more films for the Dereks including one called Pirate Annie.[7] However, financing for Annie was withdrawn when the studio, CBS, read the script and were unhappy with what they considered too small a role for Bo Derek.[23]

Plaintiffs commenced this action against defendants for copyright infringement arising from defendant MGM's 1981 remake of the film "Tarzan, The Ape Man." This case is currently before the Court on cross-motions for summary judgment. The parties previously were before the Court on plaintiffs' application for a preliminary injunction restraining production of the film. That motion was denied in an opinion dated June 24, 1980. Burroughs v. Metro-Goldwyn-Mayer, Inc., 491 F. Supp. 1320 (S.D.N.Y.1980), aff'd, 636 F.2d 1200 (2d Cir. 1980). Reader familiarity with that decision and the facts set forth therein will be assumed.

In April, 1931, MGM entered into an agreement with Burroughs, Inc. and the author individually, under which MGM acquired the right to use the Tarzan character and other characters appearing in the then existing works of the author in an original story to be created by MGM as a screenplay for a motion picture. MGM also acquired the right to produce remakes of the first film. The only limitation placed on this right was that each remake had to bear the same title as the original MGM film and had to be based substantially on the first MGM photoplay, without material changes or material departures from the original MGM story line.

In 1932, MGM released its first Tarzan movie. The movie was based on an original MGM screenplay utilizing Tarzan and other characters created and developed in the books of Edgar Rice Burroughs. In 1959, MGM issued a remake of the film "Tarzan, *390 The Ape Man."[1] On December 12, 1977, John Coleman Burroughs and Hulbert Burroughs, the two sons of the late author, served on Burroughs, Inc. a Notice of Termination of the renewal copyright interest that the family corporation held in the works of the author under the 1923 agreement. The notice was sent under section 304(c) of the new Copyright Act, 17 U.S.C. 304(c), and purported to terminate the Burroughs corporation's interest in the renewal copyrights transferred to it by the author in 1923. The notice listing 35 of the author's works was filed in the United States Copyright Office on March 6, 1978. The two sons each held a one-third termination interest in the authors' copyrighted works, with the remaining one-third interest held by plaintiffs Pierce and Anselmo.

Marion T. Burroughs, a director and the chief operating officer of Burroughs, Inc., received the termination notice on behalf of Burroughs. She subsequently turned it over to the corporation's attorneys but neither she nor corporate counsel notified MGM of the purported termination of Burroughs, Inc.'s rights in the works of Edgar Rice Burroughs. MGM did not learn of the 1977 termination sent to Burroughs, Inc. until January 1980, after the termination purportedly became effective. By that time MGM already had commenced development work on the present "Tarzan, The Ape Man" film.

It is undisputed that the 1931 agreement between Burroughs, Inc. and MGM granted MGM a nonexclusive license to use the character Tarzan and other characters from the author's works. The agreement did not transfer a copyright or the renewal copyright in Burroughs "Tarzan of the Apes" to MGM. Indeed, it was understood that MGM would obtain its own copyright in the film it developed. The agreement further provided that the author would review MGM's screenplay to determine whether it in any way infringed upon or conflicted with his books.[2]

The renewal copyright held by Burroughs, Inc. was in the literary work "Tarzan of the Apes." The copyright covered the work as an entirety. It cannot be said that such a copyright contemplates protection of only the plot, leaving the characters free for public exploitation for, as in the case of plays, the "characters and sequence of incident [are] the substance." Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930), cert. denied, 282 U.S. 902, 51 S. Ct. 216, 75 L. Ed. 795 (1931); see Filmvideo Releasing Corp. v. Hastings, 509 F. Supp. 60 (S.D.N.Y.1981). As noted by Judge Learned Hand in Nichols, however, it is only well-developed characters that are subject to copyright protection.

While the motions for summary judgment were under consideration by the court, plaintiff moved by order to show cause for an order enjoining defendants from releasing and distributing the 1981 MGM film, "Tarzan, The Ape Man," on the scheduled July 24, 1981 release date pending disposition of this action on the merits, whether by way of summary judgment or trial on the merits. Plaintiff also moved by order to show cause for an order pursuant to Fed.R.Civ.P. 37 compelling defendants to produce for viewing MGM's 1981 film, "Tarzan the Ape Man" and related publicity materials. In addition, plaintiff's sought leave to amend their complaint to add claims for trademark infringement and unfair competition. be457b7860