Aretha Franklin Trying To Halt Showing Of ‘Amazing Grace’ At Telluride Film Fest
$TWX
Arguing that the Telluride Film Festival is not showing her enough respect, Aretha Franklin has filed a lawsuit for emergency injunctive relief to prevent the screening of Amazing Grace.
But the festival plans to move forward with its screening of the film, scheduled for 7:30p MT.
TFF executive director Julie Huntsinger, commented on the development at a press briefing, saying, “Let’s hope the paperwork that is there covers us properly.” She added, “We’ll leave it to the people who make a lot of money to figure this out. As far as we’re concerned, it’s on tonight. It’s a beautiful film. She should be very proud.”
Speaking to the press Ms. Huntsinger, said, “Right now we’re looking forward to screening the film right here in the Chuck Jones [Theater]. They’re seeking an injunction. We will consult with our counsel if they get one. They say to keep doing what we’re doing. We should know later this afternoon.”
The late Sydney Pollack shot much of the footage from Franklin’s 1972 concert performance at the New Missionary Baptist Church in Los Angeles, CA, and reportedly shelved it for decades because of problems with the sound.
Before his death in Y 2008, Mr. Pollack expressed his wish for the completion of the film about the concert, which coincided with the best-selling album of Franklin’s career.
But, according to legal papers filed in federal court, “the footage was taken with the express understanding that it would not be used commercially without agreement and consent by Ms. Franklin.”
Ms. Franklin previously sued producer Alan Elliott over the footage in Y 2011, but the dispute settled. Afterwards, the singer’s original contract with Warner Bros., a unit of Time Warner (NYSE:TWX) was discovered.
According to the lawsuit, 80% of the footage of the film is images of Franklin and her performance.
Injunctions are almost impossible to obtain, especially when it comes to expressive works under First Amendment protection.
To prevail, Ms. Franklin will have to show she has a probability of ultimately succeeding in the lawsuit and that she will be irreparably harmed if an injunction does not issue.
On the latter challenge for Ms. Franklin, she may be asked why monetary damages would not suffice in a claim for violation of her publicity rights.
“The raw footage has been locked away in the vaults of Warner Brother studios for nearly 40 years,” states the lawsuit. “There is no urgency in its immediate release.”
Besides asserting a violation of her publicity rights, Ms. Franklin alleges that the film constitutes a violation of a federal anti-bootlegging statute.
The documentary is scheduled to screen at Telluride later Friday, the opening day of the Colorado film festival. It is then slated to premiere internationally in Toronto on 10 September.
Sounds like Hollywood PR to this observers…
Have a terrific weekend.
HeffX-LTN
Paul Ebeling
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