Harry Shearer has company. “This Is Spinal Tap” co-stars and director Rob Reiner have joined a $400 million lawsuit against Vivendi, which owns rights to the 1984 film.
“The new filing claims that, between the film’s release and 2013, the four were paid $81 in merchandising royalties and $98 in music royalties, despite their having also co-composed the film’s songs,” NPR said.
“They claim they’re entitled to 50 percent of songwriting royalties, as well as a 5 percent performer royalty and a 3 percent producer royalty, as per the initial contract.”
In a statement to NPR, Reiner said: ”What makes this case so egregious is the prolonged and deliberate concealment of profit and the purposeful manipulation of revenue allocation between various Vivendi subsidiaries to the detriment of the creative talent behind the band and film. Such anti-competitive practices need to be exposed.”
The Hollywood Reporter — which posted the amended lawsuit — said the addition of Shearer’s colleagues may be aimed at satisfying a possible flaw in the case filed last October.
“The profit participation flows from a 1982 production agreement calling for Spinal Tap Productions, an entity owned by Shearer, McKean, Guest and Reiner, to get 40 percent of net receipts,” THR said. “Originally, however, Shearer’s Century of Progress Productions was the sole plaintiff, potentially opening up a line of attack from Vivendi that Shearer didn’t have standing to contest contractual obligations.
“He may have attempted to argue he was a beneficiary under the old agreement, but the addition of Spinal Tap Productions, Reiner, Guest and McKean as co-plaintiffs saves Shearer from having to go this awkward route.”