This Is Spinal Tap's Harry Shearer sues company over film's profits
He launches legal action against Vivendi
This Is Spinal Tap co-creator Harry Shearer has launched legal action against entertainment group Vivendi over alleged unpaid profits from the mockumentary film.
In a video uploaded to his Twitter page this morning, the 72-year-old accused Vivendi, which bought rights to the film in 1989, and its agents of conducting fraud to hide revenue.
Shearer claims that along with fellow Spinal creators Christopher Guest, Michael McKean and Rob Reiner he was only paid $81 merchandise royalties between the years 1984 and 2006.
Furthermore, he alleges that between 1989 and 2006 the four only pocketed $98 from music sales royalties.
Harry, who is also a major voice actor on The Simpsons, is seeking $125million (£102million) in punitive damages in a lawsuit filed yesterday (17th October).
Announcing the legal action on social media, Harry wrote: “I’m going up against @vivendi and @studiocanal to ensure #fairplayfairpay for the movie #SpinalTap - #fairnessrocks.”
You can watch the video here and read the full transcript beneath it:
“Hi. **A movie I co-created This Is Spinal Tap was first released theatrically in 1984. You may know that but you may not know the band existed before the movie or that a short film was made featuring the characters and a lot of songs you’re familiar with from ‘Sex Farm’ to ‘Stonehenge’ before we even got started on the movie.
“Tap’s a movie I’m very proud to have had a part of creating, a lot of people seem to love and it seems to have made a considerable amount of money from film and music distribution for some corporations. But not for its creators.
“For example, I’ve learned that between 1984 and 2006 Canal, a French subsidiary of Vivendi, reports that our share of all merchandise income worldwide from This Is Spinal Tap was $81. $81 for 22 years. Between 1989 and 2006 the corporations have said that the total income from music sales was $98. $98 is about enough to buy one miniature Stonehenge.
“The film is on view almost constantly, it was theatrically released twice and 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 hasn’t been profitable. So today I filed a lawsuit against Vivendi and Vivendi’s agents for fraud related to the movie This Is Spinal Tap.
“Filing a claim like this one is neither fun nor easy going up against a major multinational. It’s not nearly as enjoyable as playing too loud in Carnegie Hall. But people who are squashed by large corporations can’t fight back unless they have significant resources of their own. I’m really fortunate enough to be able to fight back and I think it’s important to challenge the status quo – not just for myself but I hope for all my fellow artists, creators and musicians. After all they depend for their livelihoods on fair return for their hard work.”
Harry has also set up a website - www.fairnessrocks.com - in which he includes more detailed information about his complaint.