Nu Image today filed a lawsuit against shuttered Overture Films for what could be millions in unpaid proceeds from a trio of films. The films noted in the complaint (read it here) are 2010’s Brooklyn’s Finest, the 2008 Robert De Niro and Al Pacino movie Righteous Kill and 2008’s Mad Money starring Diane Keaton and Queen Latifah. Nu Image says that they and Brooklyn’s Finest Distribution inked deals with Overture for exclusive distribution rights for the films “in the United States and its territories for 20 years.” Noting that all three seemed to make good money theatrically and in home entertainment, the complaint alleges Breach of contract, the Implied Covenant of Good Faith and Fair Dealing, Accounting and Declaratory Relief. Nu Image says that they have consistently received “sparse and oblique” participation statements from Overture and their then affiliate Starz Media. “Plaintiffs are informed and believe, and there on allege, that Defendant received or will receive monies, property or other benefits in connection exploitation of the Licensed Pictures, of which a percentage is due to Plaintiffs. The exact amount of monies, property or other benefits due from Defendants to Plaintiffs are unknown to Plaintiffs and cannot be ascertained without an appropriate accounting of the monies, property or other benefits received by Defendant in connection with the exploitation of the Licensed Pictures,” says the complaint filed Tuesday in LA Superior Court. While Starz Media was not named as a defendant today, the complaint does “reserve the right” to name them as such if it turns out they actually were assigned rights to the films by Overture. Overture was shut down in 2010 by Starz with Relativity Media picking up its distribution and marketing divisions.
While no specific figure is given for the damages Nu Image is seeking it does want “general, compensatory and consequential damages in an amount to be proven at trial, including allowable legal interest on the sum according to proof” plus legal costs and fees. The plaintiffs have requested a seven-day jury trial. Nu Image and Brooklyn’s Finest Distribution are represented by Charles Coate and Darius Anthony Vosylius of the Santa Monica firm Costa, Abrams & Coate.
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