Harry Shearer, Christopher Guest, Michael McKean & Rob Reiner all got a small victory in a California federal court today. No word on how long it took them to find the courtroom. The Judge in their lawsuit against Vivendi Films has denied the defendant’s request to dismiss the fraud allegation in the suit. The creative team behind the film ‘This is Spinal Tap‘ is currently suing for $400 Million in damages. They say that the studio has been withholding profits from them for decades.
This kind of lawsuit is actually pretty standard between filmmaker’s and studio’s. What makes this case unique is the claim of fraud. The plaintiff’s are alleging that “anti-competitive business practices” allowed Vivendi to only pay the actors next to nothing in royalties. The actors’ say they have received less than $200 in total for Spinal Tap’s merchandising and music sales since the films release. Usually this would result in only a Breach Contract claim. However, since the band that brought you ‘Smell the Glove’ convinced the court that Vivendi was knowingly acting in bad faith; their claim of fraud was allowed to remain.
It wasn’t all good news for Sherer, Guest, McKean & Reiner though. The Judge did throw out the claims that the band was making against the music subsidiary of Vivendi. However, the Court provided the Plaintiff’s an opportunity to file an amended complaint within the next 21 days.
Most likely this case will resolve itself with a settlement, like almost all contract disputes do. It would be fascinating though to see this go to trial. It could potentially set a precedent that allows artists to seek more than just “breach of contract” damages when they feel a studio’s creative accounting is something more nefarious.
Do you think Spinal Tap has a case? Do you find it odd the band’s drummer wasn’t part of the lawsuit? let us know in the comments and be sure to checkout our homepage and follow us on Facebook & Twitter. Always check back with Boom Howdy for more up-to-date legal news, treatise reviews & sobering constitutional podcasts!
