US comedian Harry Shearer has launched a $125m (£101m) lawsuit against French media group Vivendi over accounting for royalties derived from 1984 cult classic film This Is Spinal Tap
Shearer, who voiced more than 20 characters in The Simpsons, alleges Vivendi ‘failed to account honestly for the income received’ from This Is Spinal Tap.
In a court filing made by Shearer’s production company Century of Progress, it is claimed Vivendi and subsidiaries ‘engaged in fraud to deprive the Spinal Tap creators of a fair return for their work’.
Despite a poor showing at the box office, This Is Spinal Tap went on to become a cult hit and has generated more than 30 years of residual fees. Shearer claims Vivendi has shortchanged the film’s creators, cast and crew on profits made from the film itself, spin-offs and merchandising.
‘For many years, Vivendi and its subsidiaries, including Canal Plus, StudioCanal, StudioCanal Image and Universal Music Group, have claimed and administered many of these rights and have been responsible for accounting to the co-creators, including plaintiff,’ the case reads.
The court filing contends Vivendi has told the four creators’ share of total worldwide merchandising income between 1984 and 2006 was $81 dollars, while between 1989 and 2006 total income from music sales was $98.
Over the past two years, Vivendi has not provided accounting statements at all, Shearer claims.
‘The film is on view almost constantly,’ Shearer said in a video posted to his Twitter account. ‘It was theatrically released twice, and it has had lives on VHS, Beta, DVD, Blu-ray, Laser Disc, and cable TV, and yet for most of that time, according to Vivendi, it has not been profitable.
‘Filing a claim like this is neither fun nor easy going up against a major multinational. It is not nearly as enjoyable as playing too loud in Carnegie Hall,’ he said.
This is Spinal Tap grossed $4.7m in US theatres. The film, starring Rob Reiner, Michael McKean and Christopher Guest, was directed by Reiner in so-called mockumentary style, following the fictional band through its concert tour. Shearer was co-author of the film and portrayed the band’s bassist Derek Smalls, who was loosely based on Motorhead frontman Lemmy Kilmeister, who died in December 2015.
The case’s claim, filed in California, can be read here.
Vivendi declined to comment on the case.
