Variety reports that a group of fifteen New Zealand actors who appeared in Lord of the Rings are suing the studio for unpaid royalties. At issue are royalties for merchandising revenue, which they say the company has conveniently forgotten it’s supposed to pay. Involved is a lot of complicated, creative accounting so I’m going to quote what’s going on directly from Variety, to avoid having anything lost in the translation: “The actors contacted attorney Henry Gradstein, who filed a lawsuit on Wednesday in Los Angeles Superior Court to recover money the actors figured they are owed under paragraph 11 of their contracts. Based on the paragraph, the actors believed they would receive 5% of "net merchandising revenue" split among all actors whose characters are portrayed on the merchandise. What the actors didn't realize is that gross merchandising revenue apparently became "net merchandising revenue" after certain unexpected expenses were deducted. The biggest of these was a 50% distribution fee that the actors had never seen mentioned anywhere in their contract, according to the lawsuit. There were also other payments and fees that the actors felt were not "related to the generation of the relevant merchandising revenue." After looking at all the fees that were being deducted from the gross revenues, the actors figured it would be impossible to ever have any "net merchandising revenue" no matter how much merchandise was sold.”
Those of you who’ve been keeping up will remember that similar accounting disputes were what caused the rift between LOTR director Peter Jackson and New Line. Some have decided to blame Peter Jackson for this, apparently they think he’s rich enough and should just bend over and take it. I believe the psychological term for this stance is “penis envy.” But if anything, this ought to be proof that the problem isn’t with Peter. It really seems like New Line is up to no good, and this time they’re not just screwing over a rich director but the little guy as well. Actors filing suit against New Line Cinema include: Noel Appleby, Jed Brophy, Mark Ferguson, Ray Henwood, Bruce Hopkins, William Johnson, Nathaniel Lees, Sarah McLeod, Ian Mune, Paul Norell, Craig Parker, Robert Pollock, Martyn Sanderson, Peter Tait and Stephan Ure.
3 comments:
Well, with a roster of big names like that I’m sure they’ll have no problem getting the company to fold.
Okay, I just checked all those people on imdb, despite the huge amount of work I have to do both catching up on blog comments and, uh…that other thing. Oh yeah, my job.
As you’d expect, they’re all background elves, hobbits and orcs. Probably some accountant who has no imagination and has never read a Tolkien book thought “why, they’re just a bunch of weird critters! We don’t have to pay them.”
(Just like my favorite line in all of Arrested Development, when the bitchy mom gets wasted and drives her car into the family banana stand, and then gets out protesting “What? It’s just a big banana!”)
Can you believe I’m commenting again? A couple of things occur to me.
On what merchandise were these actors’ likenesses displayed? The “team shot” posters?
Can you really claim your likeness was in play when it’s almost completely obscured by orc makeup? ( Actually it makes sense that the answer’s yes, or else they could just as easily screw Bill Nighy out of his cut because his Pirates face is obscured by CG tentacles.)
In fairness, I should mention that two of the actors in the suit played fairly significant characters: Rosie Cotton and the King of the Dead.
Well. I hope they get their money.
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