"Never Say Never Again" stands out in the James Bond filmography not only for Sean Connery's return but also for its unique status as an independent production, separate from the long-running Eon Productions series. This distinction is rooted in a complex history of legal disputes surrounding the rights to the "Thunderball" storyline, which ultimately allowed for a competing Bond film to be made. The film's journey from concept to screen was heavily
influenced by these legal battles, shaping its production, its content, and its eventual place within the broader Bond universe.
The "Thunderball" Rights Controversy
The origins of "Never Say Never Again" trace back to the early 1960s and a significant controversy surrounding Ian Fleming's 1961 novel "Thunderball." Fleming had collaborated with independent producer Kevin McClory and scriptwriter Jack Whittingham on a script for a potential Bond film, initially titled "Longitude 78 West." This project was eventually abandoned due to high costs. However, Fleming later adapted this material into the novel "Thunderball" without crediting McClory or Whittingham.
This omission led McClory to take Fleming to the High Court in London for breach of copyright. The matter was settled in 1963, granting McClory certain filming rights to the "Thunderball" storyline. After Eon Productions began producing the official Bond films, they made a deal with McClory, allowing him to produce their version of "Thunderball" in 1965, with the stipulation that he could not make any further versions of the novel for a period of ten years. This agreement laid the groundwork for McClory's ability to revisit the story decades later, leading to "Never Say Never Again."
An Independent Bond Film
"Never Say Never Again" is notable as the second and most recent James Bond film not to be produced by Eon Productions, the usual custodians of the Bond series. Instead, it was produced by Jack Schwartzman's Taliafilm, with Kevin McClory serving as executive producer, leveraging the filming rights he had retained from the earlier legal battles. This independent production status meant that the film operated outside the established Eon framework, leading to several distinct differences.
For legal reasons, many elements characteristic of the Eon-produced Bond films were absent from "Never Say Never Again." For instance, the iconic gun barrel sequence was not used; instead, a similar graphic appeared as a "shield" during a video game sequence, and a screen full of 007 symbols opened the film. Furthermore, the famous "James Bond Theme" could not be utilized, and no effort was made to supply an alternative signature tune. A pre-credits sequence was filmed but ultimately not used, with the film instead opening with credits running over a sequence of Bond on a training mission. These omissions highlight the legal constraints and the necessity for the independent production to carve out its own identity while still delivering a recognizable Bond experience.
Final Legal Hurdles and Release
Even as "Never Say Never Again" moved towards production, legal challenges persisted. In the spring of 1983, Fleming's trustees made a final attempt to block the film in the High Court in London. However, this legal action was dismissed by the court, allowing "Never Say Never Again" to proceed with its release. The film premiered on October 7, 1983, opening in 1,550 theaters and setting an October record with $10,958,157 over the four-day Columbus Day weekend. This was reported as the best opening record for any James Bond film up to that point, surpassing "Octopussy's" $8.9 million from June of the same year. Despite its commercial success, the film's retrospective reception has been mixed, with some critics considering it one of the weaker Bond films, perhaps influenced by its unique, legally-fraught production history.
