'The Hobbit: An Unexpected Journey' opens big with a $13 million midnight haul but protests are already erupting over the film's use of animals. 

PETA are protesting the deaths of animals during the filming of 'The Hobbit' and are urging filmmakers to stop using them in productions.

The argument for this case is that CGI can replace animals and prevent unnecessary suffering and death from on-set accidents. This also includes staged scenes that force animals to do stunts, whereby they can get injured should things go wrong.

While animals are featured in many films, some do get severely injured from stunts, and face difficult conditions that could be considered cruel, and unnecessary.

According to CBS PETA Activists picketed outside the AMC River East 21 movie theater in protest of 'The Hobbit' production that used animals in the picture. A horse was reportedly euthanized after falling off a cliff and breaking its back. In another incident, a horse named Shanghai had both legs tied to reduce excitement (hobbling).

Will PETA succeed in derailing the success of 'The Hobbit'? Should the film industry have stricter rules for animal supervision on set?