Four Hollywood studios today had class action lawsuits filed against them that allege the short changing of home video royalties. If successful, the suits could result in a multi-million dollar windfall for the plaintiffs. In nearly identical filings Wednesday in LA Superior Court, Paramount Pictures, Universal City Studios, Twentieth Century Fox Film Corporation and Sony Pictures Entertainment were taken to task for their practice of paying profit participants based on 20% of home entertainment revenues. Paramount and Universal were sued by director Colin Higgins over 1978’s Foul Play and 1982’s The Best Little Whorehouse In Texas (read them here and here) The trustee of Charles Bronson’s
estate, Larry Martindale, sued Sony over 1975’s Hard Times (read it here) and Fox was sued by director Stanley Donen over 1975’s Lucky Lady (read it here). The dates of the films are important because the plaintiff’s argue in their filings that their contracts with the studios were made before the 20% figure became the industry standard in the early 1980s. In the plaintiff’s view, their contracts dictate that they should be receiving royalties from 100% of the home video revenue of their films. “Notwithstanding the 100% Gross Receipts Provision, SPE only includes 20% of the revenue generated by its own subsidiary/affiliate, Sony Pictures Home Entertainment, from Home Video distribution, when it reports income earned from exploitation and distribution to Plaintiff and the Class. As a result, 80% of the income derived from Home Video distribution is not being credited as income to Plaintiff and the Class when SPE accounts to profit participants. Instead, SPE wrongfully keeps this money,” states the Bronson estate’s suit against Sony. The other suits say the same thing about their respective studio.
While seeking unspecified punitive and other damages, the plaintiffs have requested a jury trial in the breach of contract suits. The four class action suits were put together by lawyers from four different LA firms.
Deadline's Dominic Patten - tip him here.


Hope the lawsuits coming till the studios are forced to treat profit recipients fairly. Maybe some executives need to go to jail on accounting fraud that is perpetually committed by the industry.
Reads like collusion. Will the cases be tried separately? Seems odd that four class action suits are filed by different law firms on the same day. Regardless of the merits, this could create an impediment to justice.
And all the Plaintiffs are dead. Someone’s looking for a windfall.
Windfall for somebody?? Of course. There is only one party that cleans up in a class action suit and that’s the attorneys. This BS they dish out about standing up for the little guy is so lame. If that were so, then how come each plaintiff in a class action suit against a company like Microsoft gets around two dollars and the lawyers walk away with hundreds of millions. Disgusting.
If all the details in this story are true….SETTLEMENT prior to court… after some game playing for show. The biggest problem may be four separate plaintiffs, yet, it would appear some money will be changing hands when all is said and done.
this could cause a big problem for contracts that were executed prior to the 80/20 split the studios came up with for Beta and VHS… Ancillaries were in-flight, cruise ships, and 16mm print rentals from Swank and Films Inc…etc etc. Nobody predicted the home video boom. Nobody.
-RnsW
HARD TIMES is an awesome picture, by the way. Clean, smart and bone-jarring.
You can watch it free on your computer or iPad. I’m not a plant, I’m just evangelical about Walter Hill movies.
@Bob, Stanley Donen isn’t dead. He may be 88, and doesn’t have the energy he previously had. But based on his Lincoln Center Q and A for his film Movie Movie in November 2011, his mind appears as sharp as ever.
20%. Is that still moving as a standard? what a racket! Music had it at 90% of revenue.
Merits of the plaintiffs’ arguments aside, “Lucky Lady” is an absurd example to use in the context of home video revenues. What home video revenues? “Lucky Lady,” an expensive flop for Fox in 1975, was never released on VHS or Beta (at least not in the US) and wasn’t released on DVD until a year or so ago by Shout Factory, presumably via sublicense from Fox. I’d be surprised if Shout sold more than several thousand copies.
The next battle should be to have the California legislature ban perpetual commissions!