Barry Sonnenfeld must pay UTA up to $325,000 on his paycheck from Men In Black III, a DGA/ATA arbitration ruling revealed today. The director’s former agency will get even more if there are more sequels of the Will Smith-Tommy Lee Jones sci-fi franchise. The seven-page ruling (read it here) filed today in LA Superior Court determines that Sonnenfeld owes 10% of the $3.5 million he’s getting for the film. Men in Black III comes out on May 25, 2012.
In a February 2 hearing, Sonnenfeld, represented by Edward Anderson of Anderson General & Entertainment Law, argued that because he “terminated his agency agreement with UTA in or about mid-April” 1995, he did not owe them anything for work he subsequently did on any MIB sequels. UTA, represented by Bryan Freedman and Steven Stiglitz of Freedman & Taitelman, disagreed.
For one, UTA noted that Sonnenfeld, who left for CAA and is now at WME, was a client of theirs when he “entered into a written agreement with Columbia Pictures dated April 4, 1995 to direct the motion picture Men in Black.” Also, the agency, which received $325,000 from Sonnenfeld on MIB I, which came out on July 2, 1997, and MiB II, which came out on July 3, 2002, did the heavy lifting on Sonnenfeld’s MIB deal. UTA, as arbitrator and Hollywood lawyer Howard Weitzman noted, “procured and substantially negotiated the initial MIB Agreement … which provided Sonnenfeld with the right of first negotiation to direct any and all sequels to MIB.” Weitzman further stated in his ruling, dated March 16, “such ‘right of first negotiation’ is legally enforceable and is not uncommon in the feature film business.”
The binding DGA ruling still must be confirmed by the court, at which point Sonnenfeld has 30 days to pay the agency. UTA had no comment on the ruling.
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What a silly ruling. The agency should only get paid for services they render, not perpetually for all benefits from the initial contract. When he left the agency, they no longer rendered any services, so they should not be paid for anything after that.
You and Sonnenfeld should read the fine print: “[UTA] procured and substantially negotiated the initial MIB Agreement … which provided Sonnenfeld with the right of first negotiation to direct any and all sequels to MIB.”
sounds about right to me…
I don’t think this ruling will stand. It makes little sense. ‘right of ‘first negotiation’ is standard for any director’s contract. that is not heavy lifting. mentioning the sequel obscures the fact the contract was signed in 1995. today is 2012. a murder case would probably fall off statue by then. but not in UTA’s world, apparently.
I think it helped uta that the deal had a “financial floor” in it as well. That gave the arbitrator a fixed amount (ie, 10% of the fee paid on MB1) that had been “negotiated”. so when CAA did the MB2 deal getting him $x more, CAA kept 10% of increase, plus what was probably a massive backend. End of the day, he’ll still only pay 10% to all agencies and the later ones will make a lot more b/c the backend and fees are all so much higher than 3.25. Feel better?
There’s no statute of limitations on murder, and neither is there any ambiguity about a contract entitling Mr. Sonnenfield to right of first negotiation for any and ALL MIB sequels.
These deals are between corporations (loan outs and studios) and they have no statute of limitations.
other than applicable contract law…
Heavy lifting my ass…
Nah, I think this falls under the “no sequel without the original” school of thought.
Sort of like Michael Douglas’ first wife wanting a share of what he made for Wall Street II.
Doesn’t seem “fair”? Well no, not to everybody, it rarely does.
Yikes, did Douglas’ wife end up getting any money he made from Wall Street 2?? That’s ridiculous.
How could Weitzman be allowed to rule on this matter? He’s a big-time studio attorney. Of course, he would side with the suits. And Sonnenfeld left UTA in 1995. Yes, almost twenty years ago! What chuztpah.
Pay up Sonnenfeld. Confirming the arbitration award is just a formality. There are no grounds for appeal. And how dare you? How did you get those first negotiation rights? It will be that much harder for you on the future. Agents and lawyers don’t like being used.
Agents and lawyers are scum who suck money from talent.
This. Ten percent of your earnings for your life’s work is plenty to hand over to middlemen. Now we’ve tacked on managers and attorneys in your standard “team” and no one blinks at 25% of your earnings to middlemen. It’s insane. I can’t imagine any other industry where forking over a quarter of your salary over a lifetime to middlemen would be tolerated.
Barry had Addams Family 1, For Love or Money, & Addams sequel (i.e., budgets nowhere near MIB) when UTA got him MIB. Get Shorty hadn’t come out. He was a risk for Sony, it was Will Smith’s 1st big filmone could argue. UTA got it done, on a property w/ sequel potential, as it turns out.
This kind of ruling is one I’d hope benefits a boutique agency who almost always see clients they discovered and nurtured leave them after finding success (Ryan Gosling being a commendable exception to that tendency), should their clients be signed on to a film franchise.
he only got $3.5m on this? The third in a very profitable trilogy? UTA should pay him for a crap deal.
indeed you are confused. the whole point is he got 3.5m for the first MIB. So UTA is asking to be paid on this amount as to the third one even though he’s making much more.
Sonnenfeld owes 10% to someone.
Why does Barry Sonnenfeld look exactly like Shia Lebouf in this picture?
Best comment this year!
Try getting a deal on your own. There is a talent for that too. Andy Warhol said business is an art form