Lon Chaney Heirs Sue Universal Over Merchandise And Royalties

[Count_Zirock]

From Deadline Hollywood:

Lon Chaney Heirs Sue Universal Over Merchandise And Royalties
BY DOMINIC PATTEN | Monday June 3, 2013 (*at*) 7:50pm
The heirs of Old Hollywood continue to want today's Tinseltown to pay up. Monster movie actor Lon Chaney Jr's family today went after Universal in the courts for more than $1 million in damages. In a nine-page breach of contract and other claims complaint (read it here) filed Monday in LA Superior Court, Chaney Entertainment alleges that Universal Studios Licensing uses the Wolf Man/Mummy/Frankenstein actor's likeness for merchandise and goods and services despite the fact that a representation agreement between the studio and the company expired on December 31, 2008. Although he played Lennie Small in 1939′s "Of Mice and Men" adaptation alongside Burgess Meredith, Chaney was best known for his performances as a monster in a series of Universal films in the 1930s and 1940s. In the years after his death in 1973, his heirs and their corporate entity entered into a number of agreements with Universal over the rights to his image and his film work. Seeking a 5-day jury trial, the complaint filed today also claims that Universal Home Video has not properly paid the Chaneys for the use of the long-deceased actor's image or voice-over in licensed film clips."Universal's continued exploitation of the Chaney's rights has been done intentionally in conscious disregards of the rights of Chaney, and with malice, fraud, or oppression towards Chaney, thereby entitling Chaney to an award of punitive damages according to proof at trial," says the complaint. Seeking restoration of full rights to the actor's likeness and image, a full accounting and payment of funds allegedly due plus 10% per annum in interest, the complaint also wants all legal fees paid by the defendants as well consequential and punitive damages. Chaney Entertainment is represented by attorney Joseph F. Hart of Beverly Hills in their filing.

Ron Chaney hinted that this might be happening back in March at Mad Monster Party in Charlotte, NC. It seems Universal is playing very fast and loose with their accounting, which is why Béla Lugosi Jr will no longer license his father's image to them. Sadly, this could mean that Lon Chaney Sr & Jr could be next to get the "generic" Universal makeovers.

[Universal Steve]

This is too bad. I am all for people getting their royalties but things like this (like you said) will give us more generic characters in place of the originals. I try to keep the movies alive with my site so that future generations will be able to see how great these films are. But if they keep seeing these fake characters they will eventually not even know what they looked like and forget about these films. Ujniversal must have done something to really tick off Chaney because I heard they were the easiest  family to work with.

[Count_Zirock]

Ron told me his oldest daughter was going over their contract (which had actually expired and they were attempting to negotiate a new one) with a fine-toothed comb, as well as going over the accounting ledgers supplied by Universal. The Chaneys' rights to Lon Jr's likeness continues (under the current law) until 2043. Naturally, Ron wants to see his four children (two daughters, and sons Alonzo and Creighton) get what is legally theirs. Ron doesn't want to have to do what Béla Jr did, but after his daughter told him that Universal was either cooking the books or they were the biggest idiots in history when it came to marketing (and I could easily believe that), he doesn't have many other options.

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[horrorhunter]

When these disputes result in original likenesses no longer being used it is the fans who really lose out. The history of horror gets eroded a little at a time for future generations. The images of classic characters shouldn't boil down to some generic okayed by a corporate suit who doesn't give a damn about anything but collecting a paycheck.

[Universal Steve]

When these disputes result in original likenesses no longer being used it is the fans who really lose out. The history of horror gets eroded a little at a time for future generations. The images of classic characters shouldn't boil down to some generic okayed by a corporate suit who doesn't give a damn about anything but collecting a paycheck.

I'll second that. Couldn't have said it better myself.  New Universal will ultimately destroy what   Old Universal created. We will end up with nothing but cartoon characters by the time they are done.  All because they really don't care about the monsters. They just do whatever they can to
squeeze whatever bucks they can out of them, get their check and bonuses, and make substandard movies that the 18 to 24 year olds might like but usually don't judging by some of my son's and his friends comments after they see one. Then there is still the rumor of a Creature remake. Don't do it!  Just release the original back to  the theatre and I will go. I couldn't take another remake like the Wolfman! Garbage!

[McDougals House of Horror]

Ron told me his oldest daughter was going over their contract (which had actually expired and they were attempting to negotiate a new one) with a fine-toothed comb, as well as going over the accounting ledgers supplied by Universal. The Chaneys' rights to Lon Jr's likeness continues (under the current law) until 2043. Naturally, Ron wants to see his four children (two daughters, and sons Alonzo and Creighton) get what is legally theirs. Ron doesn't want to have to do what Béla Jr did, but after his daughter told him that Universal was either cooking the books or they were the biggest idiots in history when it came to marketing (and I could easily believe that), he doesn't have many other options.

If the people at Universal can't get along with Ron, of all people, then they must be jerks. And of course studios are well-known for cooking the books -- this is why A-list directors & actors will no longer accept a cut of "the profits" on a film, because no matter how sucessful the movie is there won't be any "profits". Now when these smart / previously burned folks make a deal they insist on a cut of the gross, not the net. That greatly reduces the chance of getting screwed by "creative accounting". 

[Count_Zirock]

Well, the marketing department isn't going to get along with anyone, if all they do is lie and cheat (allegedly). Universal sure wants their piece of the pie, even when they aren't entitled to it! But when an actor's heirs press for their royalties, suddenly the well dries up, it seems. Sara Karloff made her deal with the studio at the right time, it appears. Today, I doubt she'd even get the offer. This whole situation really sours my stomach. I love my monsters, but their studio has become a sad place, indeed.

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[McDougals House of Horror]

Another indication of Universal's long-standing stupidity and failure to recognize what they had was their blowing off the production of "The Monster Squad" instead of embracing its own brand/history. So the producers just tweaked the monsters a bit, and did it without Universal. Sad...

[Haunted hearse]

Isn't it amazing how a top grossing film, like the original Alien, is actually said to have lost money when it comes to paying people a share of the profits?

[Count_Zirock]

Another indication of Universal's long-standing stupidity and failure to recognize what they had was their blowing off the production of "The Monster Squad" instead of embracing its own brand/history. So the producers just tweaked the monsters a bit, and did it without Universal. Sad...

Today's studios are run by nincompoops who just don't get cinema. Considering every studio is looking to start a franchise so they can churn out endless sequels, Universal stupidly let their classic monsters fall into disuse. Now, they have no clue how to revive them. "The Mummy" (1999) ended up being an Indiana Jones wannabe. "Van Helsing" was an embarrassing hodge-podge. "The Wolfman" was mishandled and botched because of studio interference. I can only imagine the mess that will be this new "Dracula" film.

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[Haunted hearse]

All the studio heads will have to see is the money that Stephanie Meyers has made with her Twilight franchise to decide that her's is the artistic vision that should be the model when it comes to reviving the Dracula franchise.

[BaronNightshade]

One thing mitigates against the Chaney family, Bela Lugosi tried to sue for the same thing in i believe 1972 and the court said that the likeness of a character belongs to the studio who owns that character.

[Universal Steve]

One thing mitigates against the Chaney family, Bela Lugosi tried to sue for the same thing in i believe 1972 and the court said that the likeness of a character belongs to the studio who owns that character.

If this was the case how is it the only Lugosi Dracula items we get are the Broadway Dracula and anything Universal is a generic vampire? Just wondering. Still don't know why they don't at least give us a Carridine Dracula if we can't have a Lugosi one. Marketing just don't get it.

[Monsters For Sale]

It would be an awful shame if Universal goes to all generic Wolf Man items.

Lon deserves better.

[Count_Zirock]

One thing mitigates against the Chaney family, Bela Lugosi tried to sue for the same thing in i believe 1972 and the court said that the likeness of a character belongs to the studio who owns that character.

Yes, but when Fred Astaire's image was used to sell a vacuum cleaner, this led to the California Celebrities Rights Act of 1985 (a.k.a. the Astaire Act), giving deceased actors' estates the rights to control their images. There are limits, of course. The celebrities must have died since 1938 (therefore exempting Lon Chaney, Sr.), and the protection lasted 50 years, but that was amended to 70 years recently. Actors who die without blood heirs can name legal heirs in their wills, as Elsa Lancaster left her estate to the Actors Guild Home for the Aged. So, yes, while Lugosi originally won his case, then lost on appeal, the Astaire Act s that ruling. Twelve other states have similar laws on the books. There was a New York case where a photographer was prevented from using photographs of Marilyn Monroe for commercial purposes, because her original contract with him for use had expired, and her estate wouldn't grant him a new contract.

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