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American History X director Tony Kaye has filed a $200 million lawsuit against New Line Cinema and the Directors Guild of America asserting that they violated numerous laws when they refused to allow him to remove his name from the film after actor Edward Norton made substantial changes to it.
The suit, filed Monday in U.S. District Court in Washington, claims that New Line breached its contract with Kaye and that the DGA violated his First Amendment rights by refusing to allow him to use a pseudonym.
Kaye, who claims that changes made to the film without his permission "violated the concept of the film," has taken every opportunity to publicly blast the film.
The DGA, however, maintains that Kaye blew his chance to have his name taken off the film -- and have it replaced with a pseudonym -- when he publicly revealed his request for a pseudonym and because he has publicly criticized the film while seeking to have his name replaced.
New Line and the DGA declined comment Monday, but last month, when Kaye was threatening to sue, DGA president Jack Shea released a statement that said the DGA has tried to "zealously protect" Kaye's rights but noted that the DGA's contract provision regarding pseudonyms is a two-way street and that Kaye did not uphold his end of the deal (Hollywood Reporter 10/2/98).
"The director's ability to secure a pseudonym," Shea said in his statement, "is among a wide range of creative rights the DGA has earned through hard-fought contract negotiations with the producers over many decades. The right to a pseudonym is not absolute or subject to unilateral determination by the DGA. Our agreement with the producers places certain obligations and conditions upon directors which they must meet in order to obtain a pseudonym."
Those obligations, Shea said, "include the obligation not to publicly announce that they have sought one (a pseudonym), or to engage in public criticism of the film. These conditions were insisted upon by the (industry's) producers and are part of our agreement."
Kaye's lawsuit, however, maintains that this clause in the contract "impacted adversely upon Kaye's First Amendment right to speak freely."
Among numerous allegations, the suit claims that New Line and the DGA violated the Labor Management Relations Act and the Lanham Act (a federal truth-in-advertising statute) by not allowing Kaye to take his name off the finished product.
"The director must have the option when his work is tampered with to state that the film does not represent his vision," said Kaye's lawyer, Mark Lane. "Mr. Kaye's own union, the Directors Guild, insisted that Kaye could only remove his name if the proceeding was conducted in total secrecy. Kaye was told that he must surrender his First Amendment right to speak freely or that his union would punish him."
The suit alleges that New Line allowed Norton to edit the film after it was completed and that "this action was taken without the consent or approval of Tony Kaye."
A source close to the film, however, said, "Edward Norton, at Tony's urging, participated in every phase of the movie, including postproduction. Tony invited Edward into the editing room, and Edward was never there without Tony being present."
In a statement, Kaye said: "I am a director who is committed to collaborating with all actors and others as well. I only ask that they collaborate with me -- not with my work. New Line and the Directors Guild should have told Edward Norton to present his ideas and suggestions to me, not permit him to change the film. What would have been a great film is now a good film. The audience should not be told that this is 'a Tony Kaye film.' We should be truthful about the matter."
The bitter feud between Tony Kaye and New Line Cinema over the racism-themed pic American History X heightened Monday when the eccentric British helmer filed a lawsuit against the studio and the Directors Guild of America.
Kaye alleges that New Line and the DGA refused to allow him to remove his name from the film after the pic’s lead actor, Edward Norton, "made substantial changes to the film in order to increase the length of his own role."
According to Kaye’s attorney, Mark Lane, "The director must have the option when his work is tampered with to state that the film does not represent his vision. Kaye’s own union, the Directors Guild, insisted that Kaye could only remove his name if the proceeding was conducted in total secrecy." In the suit Kaye asks for $200 million.
The complaint states that New Line and the DGA violated the Labor Management Relations Act and the Lanham Act (a federal copyright statute), as well as Kaye’s Fifth and Fourteenth Amendment rights. Kaye also accuses the parties of breach of contract.
Kaye claims that he contributed $700,000 of his own money to the production, which he says New Line has refused to reimburse.
A New Line spokesman said that the studio had not seen a copy of the lawsuit and declined to comment further.
Monday November 23, 4:50 pm Eastern Time
British Director Cites Violations of Labor Contract, Denial of First Amendment Right to Free Speech and Breach of Contract Involving His Work on American History X
WASHINGTON, Nov. 23 /PRNewswire/ -- Film Director Tony Kaye has filed a $200 million lawsuit against New Line Cinema and the Directors Guild of America in the United States District Court in Washington D.C. today in connection with the newly released film, American History X.
The complaint asserts that the defendants, New Line and the Directors Guild, refused to allow Kaye to remove his name from the film after an actor, Edward Norton, made substantial changes in the film in order to increase the length of his own role.
This is the first time that a director has filed such a complaint in Federal Court after being denied the right to take his name off of a movie and replace it with a pseudonym under the provisions of the Basic Agreement of the Directors Guild. Kaye's counsel, prominent Washington attorney Mark Lane, said, ``This action has, in a sense, been brought by Mr. Kaye on behalf of all directors. The director must have the option when his work is tampered with to state that the film does not represent his vision. Mr. Kaye's own union, the Directors Guild, insisted that Kaye could only remove his name if the proceeding was conducted in total secrecy. Kaye was told that he must surrender his First Amendment right to speak freely or that his union would punish him.''
The lawsuit states that New Line and the Directors Guild violated the Labor Management Relations Act and the Lanham Act (a federal copyright statute). In addition the complaint charges that the Directors Guild and New Line violated Kaye's Fifth and Fourteenth Amendment rights by denying him due process of law and that they breached the contract that they had entered into with him.
Kaye stated that, ``I am a director who is committed to collaborating with all actors and others as well. I only ask that they collaborate with me -- not with my work. New Line and the Directors Guild should have told Edward Norton to present his ideas and suggestions to me; not permit him to change the film. What would have been a great film is now a good film. The audience should not be told that it is 'a Tony Kaye Film.' We should be truthful about the matter.''
The complaint states that after Kaye had completed his first cut of the film, New Line screened it and 77 percent of the preview audience rated it as ``excellent'' or ``very good.''
The complaint also states that after Norton insisted upon changing the film, two major international film festivals rejected it. New Line then asked Kaye to return to work to repair and perfect the film. New Line ultimately prevented Kaye from fully completing his work.
The lawsuit also includes a claim by Kaye, that in an effort to make sure the film was properly made, he advanced more than $700,000 of his own money which New Line has repeatedly refused to reimburse.
The Directors Guild, the complaint alleges, joined with New Line in denying Kaye the right to remove his name but was silent when the Director's work was interfered with by New Line in violation of the Guild's own contract. The defendants have 60 days to answer the complaint(*).
(*) Case Number: 1:98CV02838, Judge James Robertson.
Contact: Stephen Jaffe of Jaffe & Company, Inc., 310-275-7327.
SOURCE: Mark Lane & Associates
American History X director Tony Kaye has filed a $200 million lawsuit against New Line Cinema and the Directors Guild of America asserting that they violated numerous laws when they refused to allow him to remove his name from the film after actor Edward Norton made substantial changes to it.
The suit, filed Monday in U.S. District Court in Washington, claims that New Line breached its contract with Kaye and that the DGA violated his First Amendment rights by refusing to allow him to use a pseudonym.
Kaye, who claims that changes made to the film without his permission "violated the concept of the film," has taken every opportunity to publicly blast the film.
The DGA, however, maintains that Kaye blew his chance to have his name taken off the film -- and have it replaced with a pseudonym -- when he publicly revealed his request for a pseudonym and because he has publicly criticized the film while seeking to have his name replaced.
New Line and the DGA declined comment Monday, but last month, when Kaye was threatening to sue, DGA president Jack Shea released a statement that said the DGA has tried to "zealously protect" Kaye's rights but noted that the DGA's contract provision regarding pseudonyms is a two-way street and that Kaye did not uphold his end of the deal (Hollywood Reporter 10/2/98).
"The director's ability to secure a pseudonym," Shea said in his statement, "is among a wide range of creative rights the DGA has earned through hard-fought contract negotiations with the producers over many decades. The right to a pseudonym is not absolute or subject to unilateral determination by the DGA. Our agreement with the producers places certain obligations and conditions upon directors which they must meet in order to obtain a pseudonym."
Those obligations, Shea said, "include the obligation not to publicly announce that they have sought one (a pseudonym), or to engage in public criticism of the film. These conditions were insisted upon by the (industry's) producers and are part of our agreement."
Kaye's lawsuit, however, maintains that this clause in the contract "impacted adversely upon Kaye's First Amendment right to speak freely."
Among numerous allegations, the suit claims that New Line and the DGA violated the Labor Management Relations Act and the Lanham Act (a federal truth-in-advertising statute) by not allowing Kaye to take his name off the finished product.
"The director must have the option when his work is tampered with to state that the film does not represent his vision," said Kaye's lawyer, Mark Lane. "Mr. Kaye's own union, the Directors Guild, insisted that Kaye could only remove his name if the proceeding was conducted in total secrecy. Kaye was told that he must surrender his First Amendment right to speak freely or that his union would punish him."
The suit alleges that New Line allowed Norton to edit the film after it was completed and that "this action was taken without the consent or approval of Tony Kaye."
A source close to the film, however, said, "Edward Norton, at Tony's urging, participated in every phase of the movie, including postproduction. Tony invited Edward into the editing room, and Edward was never there without Tony being present."
In a statement, Kaye said: "I am a director who is committed to collaborating with all actors and others as well. I only ask that they collaborate with me -- not with my work. New Line and the Directors Guild should have told Edward Norton to present his ideas and suggestions to me, not permit him to change the film. What would have been a great film is now a good film. The audience should not be told that this is 'a Tony Kaye film.' We should be truthful about the matter."
The bitter feud between Tony Kaye and New Line Cinema over the racism-themed pic American History X heightened Monday when the eccentric British helmer filed a lawsuit against the studio and the Directors Guild of America.
Kaye alleges that New Line and the DGA refused to allow him to remove his name from the film after the pic’s lead actor, Edward Norton, "made substantial changes to the film in order to increase the length of his own role."
According to Kaye’s attorney, Mark Lane, "The director must have the option when his work is tampered with to state that the film does not represent his vision. Kaye’s own union, the Directors Guild, insisted that Kaye could only remove his name if the proceeding was conducted in total secrecy." In the suit Kaye asks for $200 million.
The complaint states that New Line and the DGA violated the Labor Management Relations Act and the Lanham Act (a federal copyright statute), as well as Kaye’s Fifth and Fourteenth Amendment rights. Kaye also accuses the parties of breach of contract.
Kaye claims that he contributed $700,000 of his own money to the production, which he says New Line has refused to reimburse.
A New Line spokesman said that the studio had not seen a copy of the lawsuit and declined to comment further.
If you have new information on Edward Norton (and you can provide a verifiable and reputable source), please email me- Susan
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