(UPDATED WITH LINK TO COURT FILING) Just two days after inking an overall feature films deal at 20th Century Fox, Black-ish creator Kenya Barris was hit with a more than $1M lawsuit today claiming he ripped off the idea for the hit ABC comedy.
“Plaintiff is informed and believes that at some point between the end of 2006 and September 2014, Defendant Barris – using Plaintiff’s idea for the Original Untitled Script – wrote, developed and shopped the pilot episode for Black-ish without Plaintiff’s knowledge or authorization,” alleges music video director and Idlewild helmer Bryan Barber in the breach of contract and fraud jury-trial-seeking complaint (read it here) filed in L.A. Superior Court on Friday. “Indeed, Defendant Barris intentionally concealed these facts from Plaintiff. The pilot episode for Black-ish was predicated in all material respects on Plaintiff’s idea and/or the Original Untitled Script.”
Essentially Barber claims that the never produced script based on his life that he and fellow Clark Atlanta University and supposed old pal Barris co-wrote for VH-1 back in the last decade was “hijacked” and slightly retooled into the September 24, 2014 debuting series staring Anthony Anderson. Reps for Barris did not respond to requests for comment on the lawsuit over the September 21 returning show.
Here’s where this gets interesting – unlike a lot of plaintiffs in such suits, Barber is a legit director with legit credits like the 2006 Idlewild film and he does lay out a timeline suggesting he and Barris were connected at one point.
“The Original Untitled Script was premised on Plaintiff’s idea for a television show about the black experience as seen through the lens of a successful, creative and affluent black man working in the predominantly white entertainment industry,” says the 18-page complaint naming Barris, Black-ish EP Larry Wilmore’s Wilmore Films, Principato-Young Entertainment and Cinema Gypsy Productions as defendants. The filing cites a number of similarities between the initial project and Black-ish such as the primary character’s wife being named “Rainbow” and being called “Bow” often by others, and more seeming commonalities of plot and intent. “Both works conclude with the protagonist overcoming challenges with race relations, adapting to his professional environment, and coming to terms with his ‘blackish-ness,'” asserts the complaint.
Of course, the fact that Barris’ real life wife is named Rainbow or the fact that the America’s Next Top Model co-creator has long said that the show is based on his life is not mentioned in Barber’s suit.
The action is pursuing not just money in damages but also a full accounting, creator and writer credit and compensation on the Emmy nominated Black-ish plus a piece of “all derivative, ancillary and merchandising rights and interests.”
Kenneth Ingber, Karol Ingber and Benson Lau of Agoura Hills firm Ingber & Associates plus Woodland Hills’ Miles Carlsen are representing OutKast and The Game video director Barber in the intentional or not very Emmy 2016 timed action.
Finally remembering after 2 seasons resulting in Emmy noms? Bullshit-ish
When shows get successful there are tons of lawsuits
If the show is not successful there would be no monetary value and not a valid claim.
If it’s a bust he didn’t lose anything.
If it’s a hit he proves he lost money.
A claim for money. Get it.
Well, if he wants to play that game, they all technically ripped off the Cosby show. Except the Cosby show was actually really good lol! #Tragic
Ha ha ha… I get it. The joke is that Blackish iisn’t a good show right? Or is the joke your horrible attempt at making a joke? Either way ha ha ha ha ha.
I interpreted the statement as the fact that the Cosby show was innovative at the time if civil rights movement. By now it’s an old story, yet jokes can be entertaining and a reason for a show.
Everyone has the right to their idea of making joke or a show.
These lawsuits are always so lame. It wasn’t until after the second season, when people really started to notice the show, that the lawsuit happens.
If this was a real issue it would have happened as soon as the show premiered, not when it became successful.
Most entertainment attorneys will tell you if you have a claim such as this, it’s best to wait until the project takes off before filing a lawsuit. If ou file too early in the life of the project, and the lawsuit is valid, it might kill the project and diminish the revenue. So it’s always best to wait until the project is a hit – if it’s a TV series, wait until it’s been on more than one season, if it’s a movie, wait until it’s shot, in the can and ready to be released. Then there is more at stake and the powers that be are more likely to settle your lawsuit, especially if you have a valid claim. That’s entertainment law 101.
Actually most entertainment lawyers will advise you to wait until the project is successful before filing a lawsuit. If you file to early in the life of the project, the powers-that-be might pull the plug and there is less revenue to be shared. So if you have a valid claim, it’s best to wait until a TV series has been renewed past one season or until a film is in the can and ready to be released. Especially if your claim is valid and the project successful, then they have more motivation to settle. Entertainment Law 101.
That’s stupidity.
If the show is not successful there would be no monetary value and not a valid claim.
If it’s a bust he didn’t lose anything.
If it’s a hit he proves he lost money.
A claim for money. Get it.
Isn’t this show based on Barris’s real life? Like exactly? I think his real wife’s name is actually Rainbow. It’s sad that anybody can sue anybody in this day and age.
Yep, his wife is actually a doctor named Rainbow.
Maybe they collaborated on some version of this idea at some point, but Barris has written 18 pilots so that’s doubtful Barber played any major role in what we see on screen now. Anyone who has seen Idlewild should know this. The Rainbow character name in particular is a ridiculous assertion because Barris’ wife is named Rainbow in real life. More crabs in a bucket more than likely. I hope Barris fights this then makes Barber pay his legal fees.
It’s very clear to me that this is a viable lawsuit and that the idea was likely stolen as well as the pilot script. I hope justice prevails in court. This goes on a lot more than anyone imagines. I used to work on the “inside” of a major production company, albeit as a lowly PA. However, I witnessed scripts – solicited and unsolicited – come in and the powers that be basically ask how they could tweak them or alter them and claim the concepts/scripts/characters without having to pay or give credit. It always worked. Cue the music, maestro! “Hooray for Hollywood…”
“A major production company”…highly unlikely. Most studios and companies return unsolicited scripts unopened with a stamp advising that they are unacceptable. If a script is “solicited” it is probably in development.
With success, out come the crazies
It’s really pathetic. Nearly every sale is based on the creator’s ability to execute, not the “idea” upon which the project is based. It’s only losers like this (sorry, one film from ten years ago? Who cares?) who have nothing to lose that file these stupid cash-grab suits because they know doing so makes them an instant pariah afterwards.
Executing and creating are two
different concepts. Especially spending years creating.
You idiots don’t realize it took him one year to find a lawyer willing to take this case then another year to do all the research and attempt to reach a settlement so that no lawsuit would be needed.
He had to go out to Woodland Hills to find a law firm willing to do this none of the in-town lawyers were willing to do it because of the nature of the defendant a successful black showrunner.
It’s also smart to wait until the show was proven to be a success. If it had been canceled after half a season then there wouldn’t be much money to go after. Two years after a show premieres is also the legal deadline for filing after two years you lose the ability to make a claim the statute expires.
The filing is strong it has real merit and it will be settled for at least a million possibly more. There are no coincidences in these cases. They are always legit and it’s sad so many people think they can rip others off.
Two years after the show premieres is not the filing deadline. Idiot.
Well I guess it all depends on how the original pilot script that was sent to the US Copyright office compares to the pilot that was produced. Didn’t see any mention of that in the article. Don’t mail copies of your work to yourself and never open it, Don’t register with WGA. Spend the $35 bucks to get the copyright. Be interesting to see what happens.
It’s a breach of contract suit they were partners on the first script that sold to a cable network in 2006 but it died in development. Barris then rewrote the script without Barber and sold it to ABC. They were both at William Morris and that means WM decided to favor Barris. Barber got cut out of the deal. The agents won’t want to testify they will force this to be settled.
Yah.
Why does everything have to be dog eat dog
battling. So what if he gets some credit and money certainly something why do people have this step on you attitude. He helped develop it there’s more food at the store.
The mistake is stealing from a former partner with credentials…fortunately Bryan Barber is a somebody and Kenya deserved to be dragged along with simpleton, producer Larry Wilmore who just lost his late night show….
The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There’s also a negative side.
-Hunter S. Thompson
Barber is a good guy in my experience. Lawsuit probably has some merit. He wouldn’t be doing this for the money just principal.
The fact that both scripts had the lead character with a wife named Rainbow and is called “Bow” is going to be problematic for defendants…as well as the fact that plaintiff had developed a similar script with defendant. My guess is that settlement talks have been on-going and the parties were unable to reach an agreement…hence litiigation now. This settles before it goes to trial.
Kenya’s wife is named Rainbow.
What a tangled web we weave…
considering that kenya’s production company just rehashes old sitcoms and movies, this lawsuit might be very valid. it doesn’t appear he’s had any original ideas…
considering that kenya’s production company consistently rehashes old sitcoms and movies, there might be some validity to this law suit. it’s not like he’s creating original content. even black-ish has been done before.
The biggest claim of similar characters names is dumb. Kenya’s real wife’s name is Rainbow
Please settle this suit everyone knows that you developed this show with Brian then screwed him.