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Case file s221 · Literature and art · 1964
1964
Ian Fleming: Ian Fleming c. 1958 (cropped)
Ian Fleming. Erich Hartmann. Public domain, Wikimedia Commons.
Died
12 August 1964
Place
Canterbury, England
Field
novelist (James Bond) · Literature and writing on the timeline
Legal tradition
English High Court, Chancery Division · Common law
Historical event
Launch of the James Bond film series, 1962

Ian Fleming had two heart attacks during the Thunderball trial, settled, and died nine months later

Fleming worked with the producer Kevin McClory and the screenwriter Jack Whittingham on a Bond film script that was never made†. Fleming then published the novel Thunderball in 1961. McClory read an advance copy and, with Whittingham, asked the High Court to stop publication. On 24 March 1961 Mr Justice Wilberforce let the book go out, as 32,000 copies were already with booksellers, but left room for a later claim. Two weeks later Fleming had a heart attack. The full trial began on 19 November 1963 and lasted three weeks. Fleming had two heart attacks while it ran. On Ivar Bryce's advice he settled. McClory received the literary and film rights to the screenplay. Fleming kept the novel, credited as "based on a screen treatment by Kevin McClory, Jack Whittingham and the Author," and admitted it reproduced a substantial part of the scripts. Fleming died nine months later, aged 56. McClory co-produced the 1965 Thunderball film and produced Never Say Never Again with Sean Connery in 1983. MGM bought the McClory estate's rights in 2013†.

What the law took from it

A collaboration without a written rights agreement can split a character between two estates for 50 years.

Sources
  1. Wikipedia (English)Encyclopedia
  2. Wikipedia (English)Encyclopedia
  3. Wikipedia (English)Encyclopedia

Cite as: celebrity.estate, “Ian Fleming had two heart attacks during the Thunderball trial, settled, and died nine months later,” story s221, https://www.celebrity.estate/ian-fleming-1964, updated 30 October 2026.

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