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Topic: Moore sues Weinsteins over 'Fahrenheit' earns

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Forum Watchdog / Soup Nazi

Posts: 215

Registered: Apr 2004

posted 02-07-2011 05:38 PM

Moore sues Weinsteins over 'Fahrenheit' earns

Source: Variety.com

quote:
Michael Moore's Westside Production shingle on Monday sued Harvey and Bob Weinstein, alleging the brothers committed "classic Hollywood accounting tricks" to cheat the director out of earnings for 2004 documentary "Fahrenheit 9/11."

"Although Westside and Moore delivered an award-winning film that achieved major box office success, (The Fellowship Adventure Group) has failed and refused to share equally the fruits of the venture as the partners had agreed," claims Moore in the suit filed in Los Angeles Superior Court.

The "Bowling for Columbine" director is seeking more than $2.7 million in damages.

"It's hogwash," said Weinstein attorney Bert Fields, adding that he'll look to take the case to trial. "Mr. Moore knows that he has received every dime to which he's entitled ... I cannot wait to get Mr. Moore on the witness stand."

The suit names as the plaintiff the Weinsteins' The Fellowship Adventure Group, which was set up in the wake of Disney's announcement that it would not release "Fahrenheit 9/11" through its Miramax banner.

"Fahrenheit" is the highest-grossing docu of all time with more than $220 million at the box office.

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Frank Angel
Film God

Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999

posted 02-08-2011 06:18 AM

Sounds about right. That's why Marlon Brando asked for 2 million dollars outright instead of points when he made LAST TANGO IN PARIS; it was considered a scandelous demand at the time. Everyone criticized him for it and then he finally explained that he had been burned by studios' "creative accounting" so often that he decided that he wanted his money up front.

I remember when ALIEN was playing to phenomenal box office and two of the young producers were on the Tonite Show, they told the story of how they were like giddy kids when the Broadway theatre, the National I think, had to keep adding late shows to accommodate the crowds until finally there were lines even around the block for the 3am show.

He said they were so excited they would drive out at night to see the crowds snaked around the block of the theatre. Then at the end of the week they would call the Fox accounting department to ask how much their take was that week. The accountant would tell them some paltry sum. The were in disbelief; they asked how was that possible as the theatre was doing sold out business and running continuous shows nearly 24 hours a day, closing only in the morning long enough to clean. It was explained to them that they shouldn't be fooled by the lines around the block -- it's the high cost of distribution that unfortunately was eating up a good deal of the gross. He said it seemed that no matter what the weekly grosses were, coincidently that was just about what the week's distribution costs came to. [Smile]

I hope Moore isn't going into court thinking that there is only one set of books in the Weinstein Group's accounting office.

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Martin McCaffery
Film God

Posts: 2481
From: Montgomery, AL
Registered: Jun 99

posted 02-08-2011 09:48 AM

Another example was Art Buchwald suing Paramount over Coming To America, a movie which cost about $40million and grossed about $300million worldwide, but never turned a "profit." Buchwald won, but I think when it was all said and done he lost money. He could afford it and only did it to make the point.

Hollywood bookkeeping is the living proof of the old joke:
How much is 2+2?
How much do you want it to be?

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Bill Gabel
Film God

Posts: 3873
From: Technicolor / Postworks NY, USA
Registered: Jan 2002

posted 02-08-2011 10:15 AM

There was a good book written about the Buchwald vs. Paramount deal.
FATAL SUBTRACTION: The Inside Story of Buchwald V. Paramount.

Frank, When ALIEN opened on May 25, 1979 in Times Square, it played at the Criterion Theatre.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999

posted 02-08-2011 10:29 AM

I smell another "documentary" from Michael Moore about this. He'll get his money's worth out of this.

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John Wilson
Film God

Posts: 5438
From: Sydney, Australia.
Registered: Dec 1999

posted 02-08-2011 02:20 PM

quote: Frank Angel
I hope Moore isn't going into court thinking that there is only one set of books in the Weinstein Group's accounting office.

Get Elliot Ness onto it. He'll sort it out.

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Mark J. Marshall
Film God

Posts: 3188
From: New Castle, DE, USA
Registered: Aug 2002

posted 02-10-2011 07:36 AM

There's a punchline here about Michael Moore and Capitalism, but I can't put my finger on it.

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001

posted 02-10-2011 08:40 AM

Ah, yes. The good old "rolling break even." That's one of the terms used to describe shady accounting practices in Hollywood.

I think it was Eddie Murphy who coined the term "monkey points" in regard to how foolish it is to wait to get paid in points from box office profits rather than get paid up front.

It's a very common practice for movie studio accounting departments to perform all sorts of tricks in paperwork to hide profits to avoid paying talent. Lots of law suits have been filed over this problem. A couple year ago Tommy Lee Jones sued Paramount Pictures over non-payment of points from box office profits. Jones took a reduced fee up front in return for points to help No Country For Old Men get into production. The movie was a big hit and won the Best Picture Oscar. Yet the studios stiffed Jones on his contractually stipulated cut of the profits.

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James Westbrook
Phenomenal Film Handler

Posts: 1133
From: Lubbock, Texas, Usa
Registered: Mar 2006

posted 02-10-2011 01:01 PM

In the past the same movie distributors would claim that the theaters were shorting THEM and they were waiting for their payments before they could pay anyone else. Back in the rolled tickets "write down your opening and closing number on the report" days before computer ticketing systems became more commonplace.

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David E. Nedrow
Master Film Handler

Posts: 368
From: Columbus, OH, USA
Registered: Oct 2008

posted 02-10-2011 06:44 PM

quote: Mark M.
There's a punchline here about Michael Moore and Capitalism, but I can't put my finger on it.

To be fair, Moore and most other liberals aren't against Capitalism, just unregulated capitalism.

If everyone has to play by the same rules, then capitalism isn't generally the issue.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999

posted 02-11-2011 01:08 PM

I suppose the real issue would have something to do with who's writing the rules. To avoid politics, I'll refrain from exploring the concept of "unregulated capitalism."

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