LA, July 14: More than two years after it was filed, the breach of contract lawsuit brought by screenwriter William Blatty and director William Friedkin against Warner Bros. regarding the rerelease of the 1973 horror classic "The Exorcist" is set to begin with jury selection Tuesday in Los Angeles Superior Court. In May 2001, Blatty and Friedkin filed suit against the film's producer and distributor, Warner Bros. Pictures, and its AOL Time Warner affiliated cable networks TNT and TBS, seeking potentially tens of millions of dollars.
They claim breach of contract and breach of fiduciary duty and seek imposition of trust and accounting concerning revenues gained from the original film and "The Exorcist -- The Version You've Never Seen," which was released in September 2001. They are being represented by Bertram Fields of Greenberg Glusker Fields Claman Machtinger & Kinsella.
According to the initial complaint, "Warners has improperly allocated to the film unreasonably low shares of the total license fee paid by licensees where the film is sold as part of a 'package."' The suit alleges that Warners licensed the film to its sister networks as part of larger movie packages that had the effect of discounting the true market value of "The Exorcist."
Such allegations of sweetheart deals and self-dealing have become commonplace from profit participants in film and TV productions as Hollywood's major studios have merged during the past decade with broadcast and cable networks.
News Corp.'s 20th Century Fox division has faced numerous such suits in recent years, from such profit participants as "X-Files" star David Duchovny and "M*A*S*H" star Alan Alda, but all have been settled out of court. The Blatty-Friedkin case will be closely watched by the entertainment industry should it go all the way to the testimony and verdict phases.
The Blatty-Friedkin suit alleges that Warner Bros. "has tried, in every possible way, to divert revenues from plaintiffs, to deprive them of the profit shares they were promised and to keep for themselves the economic benefits that should have accrued to plaintiffs."

Warner Bros. spokeswoman Barbara Brogliatti called the allegations "ludicrous."

COMMERCIAL BREAK
SCROLL TO CONTINUE READING

Blatty wrote the book upon which the film was based as well as the screenplay, for which he won an Academy Award in 1973. Blatty also co-produced the film, which received a best picture nomination and a best director nomination for Friedkin.
"The Exorcist" rerelease pulled in $40 million domestically and more than $100 million worldwide.

"I am looking forward to the trial, and I am anxious to see (Warner Bros. president and chief operating officer) Alan Horn and all his friends from New York take the stand," Fields said.

The case will be overseen by Los Angeles Superior Court Judge Laurie Zelon.

Bureau Report