Topic: Randy Quaid suing Focus Features for 10 M!

[Icarus512]

Actor Randy Quaid has reportedly taken legal action against the producers of Brokeback Mountain, saying he was duped into accepting less money for his work.
He alleges Focus Features persuaded him to defer his normal pay by misrepresenting the project as a low-budget film, according to Variety.

Producers James Schamus and David Linde retained his services on "economically unfavourable" terms, he has claimed.

Quaid, 55, is suing for $10m (£5.7m). A Focus spokeswoman declined to comment.

"Randy Quaid is an instantly recognisable household name and much-admired actor on the world's stage with a worldwide box office total of nearly $2 billion (£1.1bn)," reads the legal action filed at Los Angeles Superior Court on Thursday.

'Movie laundering'

"Defendants were engaging in a 'movie laundering' scheme designed to obtain the services of talent... for a picture that, in reality, had studio backing and would be exploited using traditional studio marketing and distribution techniques."

Brokeback Mountain won three Academy Awards in March and has made nearly $160m (£92m) worldwide, according to trade newspaper Variety.

Quaid's action - which also names Del Mar Productions as a defendant - does not state what he was actually paid for playing the role of ranch manager Joe Aguirre.

The actor's other films include Kingpin, Independence Day and Not Another Teen Movie.


source: BBC news

[rod1960]

http://news.bbc.co.uk/2/hi/entertainment/4840068.stm

[bram]

That is so stupid. I have no clue what he got paid or what he usually gets paid, but no matter what it's still just stupid.

[City Slickin' Cowboy]

10 million dollars?    C'mon.
The others did their homework regarding the film and it's potential.  Why didn't he?
I'm surprised he didn't work out some type of royalties deal as compensation for his normal salary.

This is going to be interesting.

[Jennis]

How sad that it has to come down to money on his part.I don't think i can watch him in BBM in the same light now.

Hugs
Jennis.x(Two articles below.)


Quaid Says He Was Duped into 'Brokeback' Role
 
(CBS) LOS ANGELES Oscar-nominated actor Randy Quaid alleges he was underpaid for his supporting role in "Brokeback Mountain," according to a $10 million lawsuit he filed Thursday against the film's producers.

Quaid, 55, claims producers James Schamus and David Linde, through Focus Features and Del Mar Productions, convinced him to be in the award-winning film for "effectively a donation of his time" by "falsely representing it as a low-budget, art house film, with no prospect of making any money."

A message left with a representative for Focus Features, seeking comment on the allegations, was not immediately returned.

Quaid played the rancher who gives jobs to Jack Twist (Jake Gyllenhaal) and Ennis del Mar (Heath Ledger), the cowboys who fall in love in the film.

According to his Los Angeles Superior Court complaint, Quaid has a long history of appearing "at reduced rates" in experimental, non-mainstream films for art's sake, as opposed to their likelihood to be a box office hit.

However, he contends he was misled because the film allegedly always was planned as a larger-budget movie that would be given a worldwide release and supported as a studio picture.

Quaid actor is seeking at least $10 million in damages on claims that include intentional and negligent misrepresentation.

Quaid's other credits include "Independence Day," "Kingpin," "The Ice Harvest," "Elvis," and the upcoming "Goya's Ghosts." He received a best supporting actor Academy Award nomination for the 1973 film "The Last Detail."

Link to original source.

http://cbs2.com/entertainment/local_story_082205533.html#



Randy Quaid Sues Over 'Brokeback'

Actor claims producers defrauded him
By TMZ.COM STAFF

(Mar. 23) -- Randy Quaid has filed a lawsuit claiming he was done in by producers of 'Brokeback Mountain.'


TMZ obtained a copy of the lawsuit, filed Thursday in Los Angeles Superior Court, claiming producers falsely represented the movie to him as \"a low-budget, art house film, with no prospect of making any money.\" Qauid claims the representations were a ruse from the beginning. 'Brokeback' has grossed around $160 million.


Quaid's suit claims that in 2004, he met with director Ang Lee, who offered him the role of Joe Aguirre. The suit alleges that Lee told Quaid: "We can't pay anything, we have very little money, everyone is making a sacrifice to make this film."


The suit does not specifically state how much Quaid made, but it does claim that the defendants "were engaged in a 'movie laundering' scheme designed to obtain the services of talent such as Randy Quaid on economically unfavorable art film terms..."


The suit asks for $10 million in damages as well as punitive damages. It also seeks "restitution for all ill-gotten gains."


Link to original source.

http://tmz.aol.com/article2?id=20060323195809990001

 

[tireiron]

(from rec.arts.movies.current-films on usenet)

http://tmz.aol.com/article2?id=20060323195809990001

Like so many political people these days, Mr. Quaid's great hindsight
makes him think everyone else had foresight that he didn't have.  What
a shame if he wins this lawsuit, which would have a crippling effect on
future projects seen as risks at the outset.

[cara1158]

"Randy Quaid is an instantly recognisable household name and much-admired actor on the world's stage with a worldwide box office total of nearly $2 billion (£1.1bn)..."

Now there's an overstatement if I ever heard one.  Makes Randy Quaid sound like Sir Lawrence Olivier...  LOL

[City Slickin' Cowboy]

As long as Randy's been in the business, you would think he would know how to cover his a-- by now.

[chrissy323]

"Randy Quaid is an instantly recognisable household name and much-admired actor on the world's stage with a worldwide box office total of nearly $2 billion (£1.1bn)..."

Now there's an overstatement if I ever heard one.  Makes Randy Quaid sound like Sir Lawrence Olivier...  LOL

I'd always mistaken him for Sir Olivier in all those National Lampoon moives........

[Toadily]

Randy Quaid Sues Over 'Brokeback'
Actor claims producers defrauded him

http://tmz.aol.com/article2?id=20060323195809990001

By TMZ.COM STAFF
(Mar. 23) -- Randy Quaid has filed a lawsuit claiming he was done in by producers of 'Brokeback Mountain.'

TMZ obtained a copy of the lawsuit, filed Thursday in Los Angeles Superior Court, claiming producers falsely represented the movie to him as \"a low-budget, art house film, with no prospect of making any money.\" Qauid claims the representations were a ruse from the beginning. 'Brokeback' has grossed around $160 million.

Quaid's suit claims that in 2004, he met with director Ang Lee, who offered him the role of Joe Aguirre. The suit alleges that Lee told Quaid: "We can't pay anything, we have very little money, everyone is making a sacrifice to make this film."

The suit does not specifically state how much Quaid made, but it does claim that the defendants "were engaged in a 'movie laundering' scheme designed to obtain the services of talent such as Randy Quaid on economically unfavorable art film terms..."

The suit asks for $10 million in damages as well as punitive damages. It also seeks "restitution for all ill-gotten gains."

I am surprised he would do this, it seems unwise.  I mean he would likely get more parts based on brokeback, so
I personally would take it as lucky I was in it, rather than start to get reputations as difficult.  You know what I mean?
I doubt Ang was trying to deceive him, he just had limited moneys and I am sure someone else would have gladly done
the part...

[tpe]

Randy Quaid Sues Over 'Brokeback'
Actor claims producers defrauded him

http://tmz.aol.com/article2?id=20060323195809990001

By TMZ.COM STAFF
(Mar. 23) -- Randy Quaid has filed a lawsuit claiming he was done in by producers of 'Brokeback Mountain.'

TMZ obtained a copy of the lawsuit, filed Thursday in Los Angeles Superior Court, claiming producers falsely represented the movie to him as \"a low-budget, art house film, with no prospect of making any money.\" Qauid claims the representations were a ruse from the beginning. 'Brokeback' has grossed around $160 million.

Quaid's suit claims that in 2004, he met with director Ang Lee, who offered him the role of Joe Aguirre. The suit alleges that Lee told Quaid: "We can't pay anything, we have very little money, everyone is making a sacrifice to make this film."

The suit does not specifically state how much Quaid made, but it does claim that the defendants "were engaged in a 'movie laundering' scheme designed to obtain the services of talent such as Randy Quaid on economically unfavorable art film terms..."

The suit asks for $10 million in damages as well as punitive damages. It also seeks "restitution for all ill-gotten gains."

I am surprised he would do this, it seems unwise.  I mean he would likely get more parts based on brokeback, so
I personally would take it as lucky I was in it, rather than start to get reputations as difficult.  You know what I mean?
I doubt Ang was trying to deceive him, he just had limited moneys and I am sure someone else would have gladly done
the part...

I think he sort of forgot that the Producers and the Studio did in fact take the risk.  It could have ended up a flop.  How would they know?  Hollywood didn't want to take the risk for 7 to 8 years.

He is certainly motivated now to do this after seeing the enormous profits the movie is raking for the producers. 

[Toadily]

Yeah I can see frustration at seeing the profits, but what can they do?  They would have taken the bath if it failed...not him.

[tpe]

Yeah I can see frustration at seeing the profits, but what can they do?  They would have taken the bath if it failed...not him.

I wish they settle out of court.  But, perversely, it keeps BBM in the news... 

[aimi15]

I was impressed by Randy Quaid in BBM having only ever seen him perform comic roles - Independence Day, Kingpin, etc. I really felt he became Aguirre in the role, i didn't like him, didn't trust him, he was narrow minded and rude, it was a rounded dignified performance.

I cannot understand why someone that has nailed a part in that way and won the respect of people because of it, has kicked himself in the ar** like he has done. Now I can only think of him as a greedy, money grubbing little man.

Such a shame for BBM. I hope it doesn't lose any of its integrity because of this, to me it won't, but can't say I'm best pleased with ol' Randy.

Thanks J x

[Toadily]

It's interesting to hear Ang said that to him, I wonder what Jake and Heath were told?  Probably the same thing but both realize
how much this has done for their careers so they will sit tight, Randy Quaid may be feeling he literally needs the money.

[tpe]

It's interesting to hear Ang said that to him, I wonder what Jake and Heath were told?  Probably the same thing but both realize
how much this has done for their careers so they will sit tight, Randy Quaid may be feeling he literally needs the money.

I would expect Ledger and Gyllenhaal to sit tight.  For the record, I will be very disillusioned in Jake if he does something like this.  He had stated in many interviews (The BBC Donnie Darko one, for example) that the box office was never a prime motivator for his selection of roles.

[*Froggy*]

...how many minutes does he have in the movie...5 and he is suing them? That's a joke!

[Toadily]

It's interesting to hear Ang said that to him, I wonder what Jake and Heath were told?  Probably the same thing but both realize
how much this has done for their careers so they will sit tight, Randy Quaid may be feeling he literally needs the money.

I would expect Ledger and Gyllenhaal to sit tight.  For the record, I will be very disillusioned in Jake if he does something like this.  He had stated in many interviews (The BBC Donnie Darko one, for example) that the box office was never a prime motivator for his selection of roles.

Right and also I don't think his income potential is bad at all    Randy Quaid is more limited there, but still...it seems that Hollywood is a small town and he will now be labeled difficult or ungrateful.  I can't believe his phone didn't ring more after the movie came out...

[tpe]

Right and also I don't think his income potential is bad at all   

Indeed. 

Randy Quaid is more limited there, but still...it seems that Hollywood is a small town and he will now be labeled difficult or ungrateful.  I can't believe his phone didn't ring more after the movie came out...

God knows whatever motivated him.  His lawyers, perhaps?  Perhaps he felt that he did notnget enough recognition (his phone didn't ring enough times), so now he has to play the money game.

I don't begrudge actors their monetary deserts.  God knows so many actors (particularly the non-movie types) have to get second and third jobs for love of acting.  But Randy Quaid must really be in a rutt to do this.

[ethan]

I think he sort of forgot that the Producers and the Studio did in fact take the risk.  It could have ended up a flop.  How would they know?  Hollywood didn't want to take the risk for 7 to 8 years.

He is certainly motivated now to do this after seeing the enormous profits the movie is raking for the producers. 

I think so too. Ang even told his younger brother in Taiwan not to get the licensing right for Taiwan market because he didn't think the movie was going to be making a lot of profits.

It is unfortunate. He is Joe Aquire after all. Sorry - Randy if you can fixed it, you gotta stand it.

[Lost_Girl]

Humm... Gosh.. !! I don't like Aguire.. But this one.. That's huge 10 M $ !!  :o


http://www.tmz.com/

Randy Quaid Sues Over 'Brokeback'
March 23, 2006 8:15PM ET

Randy Quaid has filed a lawsuit claiming he was done in by producers of 'Brokeback Mountain.'

TMZ obtained a copy of the lawsuit, filed Thursday in Los Angeles Superior Court, claiming producers falsely represented the movie to him as "a low-budget, art house film, with no prospect of making any money." Quaid claims the representations were a ruse from the beginning. 'Brokeback' has grossed around $160 million worldwide.

Quaid's suit claims that in 2004, he met with director Ang Lee, who offered him the role of Joe Aguirre. The suit alleges that Lee told Quaid: "We can't pay anything, we have very little money, everyone is making a sacrifice to make this film."

The suit does not specifically state how much Quaid made, but it does claim that the defendants "were engaged in a 'movie laundering' scheme designed to obtain the services of talent such as Randy Quaid on economically unfavorable art film terms..."

The suit asks for $10 million in damages as well as punitive damages. It also seeks "restitution for all ill-gotten gains."

Click here to view the papers : http://cdn.digitalcity.com/tmz_documents/randy_quaid.pdf

[tpe]

Yes, 10M is over 2/3 the production cost of the film.  It is certainly not fair.

[tpe]

I think so too. Ang even told his younger brother in Taiwan not to get the licensing right for Taiwan market because he didn't think the movie was going to be making a lot of profits.

And to imply duplicity on the part of Ang Lee is rather in bad taste, if I amy say so.

[ethan]

Perhaps Randy is using BBM to get his fame regardless of the outcome of the lawsuit.

It is indeed a bad taste. We can really scratch Randy Quaid from BBM then and oh his brother who made some lame joke at SAG.

[tpe]

Perhaps Randy is using BBM to get his fame regardless of the outcome of the lawsuit.

It is indeed a bad taste. We can really scratch Randy Quaid from BBM then and oh his brother who made some lame joke at SAG.

Wel, you know, I will grant that he at least accepted the part and starred in the movie.  I think his acting was quite good -- more than good, perhaps. 

I am disappointed with his current actions, but I am thankful that BBM did get an excellent cast all the way -- no exceptions.  I do not wish him the best in this lawsuit, but I cannot complain about his role in the film itself.

[*Froggy*]

It is indeed a bad taste. We can really scratch Randy Quaid from BBM then and oh his brother who made some lame joke at SAG.

yep

[ethan]

Wel, you know, I will grant that he at least accepted the part and starred in the movie.  I think his acting was quite good -- more than good, perhaps. 

I am disappointed with his current actions, but I am thankful that BBM did get an excellent cast all the way -- no exceptions.  I do not wish him the best in this lawsuit, but I cannot complain about his role in the film itself.

Agreed. It is Randy Quaid we are talking about.

Is he now accusing Focus and Ang Lee for "stemming the rose"? On the other hand, I do hope the cast and crew get their fair share though - but not lawsuits.

[tpe]

Wel, you know, I will grant that he at least accepted the part and starred in the movie.  I think his acting was quite good -- more than good, perhaps. 

I am disappointed with his current actions, but I am thankful that BBM did get an excellent cast all the way -- no exceptions.  I do not wish him the best in this lawsuit, but I cannot complain about his role in the film itself.

Agreed. It is Randy Quaid we are talking about.

Is he now accusing Focus and Ang Lee for "stemming the rose"? On the other hand, I do hope the cast and crew get their fair share though - but not lawsuits.

Yes, as Toadily had said, Ledger and Gyllenhaal would probably have more sense than to quibble about box office profits now.  They got something infinitely more valuable.    If I am not reading too much here,  I would say that wiith BBM, they have a shot at cinematic immortality.

 

[rod1960]

He wants his cut of the profits when it goes to DVD! I'm actually surprised he took the part, going to Canada for a such a small part.  Anyone could have played that part and it wouldn't have mattered.

[City Slickin' Cowboy]

Yes, as Toadily had said, Ledger and Gyllenhaal would probably have more sense than to quibble about box office profits now.  They got something infinitely more valuable.    If I am not reading too much here,  I would say that wiith BBM, they have a shot at cinematic immortality.

You're not reading too much at all.  It's been said numerous times...BBM is a landmark film.  All the primary actors in this film earned a piece of cinematic immortality for their participation.  Randy Quaid stands to loose quite a bit more than money if he pursues this suit.  Assuming there is some merit to his case, winning will be difficult.  Regardless of what he could have been paid, the budget was under 15 million.  It's doubtful anyone's paycheck came close to what would have been paid under a standard film budget.

Randy has earned a number of new fans as a result of his BBM performance.  He shouldn't risk the possible loss of respect.  If money is his primary motivation then he should take this as a lesson learned...next time he signs up for a low budget film, include a profit percentage clause in the contract!