Holy crap I'm Suing Hollywood!!!, and I took a bloody big blink


Holy crap!!!, either I just had one of the worlds longest blinks, or I am a damn lazy arse son of a gun! I just saw as I signed into my blogger account that my last post was done on the 27th November 2006....get outta here! I knew I was being slack as I have had many an intention to come on and write a blog,... but 8 months of intending added up to zip,nothing,zero!
Let my blatant procrastination be a warning to you all, zip,nothing,zero will be the sum total of your efforts if they remain in the intention basket, without placing them into the action basket at some point in time.
It's damn fine to be back writing blah blah blah, even if no one sees it, it is satisfying to finally being tapping away again.
Maybe some of you who read this have linked through from another site that was related to Peter Jacksons Lord Of The Rings trilogy of films. For those of you who have come here via that route, I shall just do a brief blah about the action I have instigated in suing New Line Cinema, in relation to the merchandise clause in my contract, as an actor in the films.
One saturday morning about 2 months ago, I received a phone call informing me there were some media who would like to interview me regarding the filing of a lawsuit I had instigated, in the LA Superior Court. I had known this was the direction we were heading but did not know the time frame so it came as bit of a surprise that we had got to this point.
I have actually been working on the case myself over the last 2 yrs during which time I approached an LA based entertainment lawyer, Phillip Rosen. I was advised to approach NZ actors who I thought may have the same merchandising clause in their contracts. I followed through, and I must say I met a lot of cynicism and resistance, however finally a number of actors and agents came on board.
After a lengthy period and numerous approaches, with no replies from New Line, Phillip informed me the next course of action was to instigate litigation. He duely approached a highly regarded litigation lawyer in LA, Henry Gradstein.
This action is only happening because along with my agent, Imogen Johnson, I had made an enquiry to New Line about a clause I had read in my contract, stating my right to conditional residual payments for merchandise bearing my character, Gamlings, likeness. After 8 months of communications New Line supplied a document that had essentially no detail and which informed me that the merchandising of my characters likeness had created a six figure loss to them. I quite simply refuse to believe this, without being shown evidence of how these figures were attained. Due to a discrepancy in the wording between the initial contract and the document outlining the financials, I decided to further my enquiry.
Both Phillip Rosen, my initial lawyer and contact, and Henry Gradstein took this case on, on a contingency basis. Without their generosity of spirit, there is no way our group of 15 NZ actors could ever have sought clarity in this matter.
I would also like to state that I have not taken this action lightly or because of some feeling that I have been hard done by. Nor have I taken it in relation to any actions Peter Jackson has entered into in with New Line.
I had been amazed to see this clause in my contract to begin with and so, many years later, when I had seen the astounding financial success of the films in both the box office and the merchandising streams, I decided to instigate my enquiry.
The taking of this action is not about a bearing a grudge, nor does it reflect any diminishing of the absolute joy and gratitude I experienced in every single moment of my involvement in the making of the Lord Of The Rings trilogy. This action is simply about addressing discrepancies in the information new Line has provided us with to date.
I trust this provides a little more insight into what is going on.
There ya bloody go!
By the way I read a very good article on TheOneRing.net that a spokesperson for New Line who chose to remain anonymous ( always a sign of courage on the wane!!! ), that we were being essentially greedy as New Line poured alot into this country during the making of LOTR. All well and good, however they forgot or decided to leave out the bit about getting in as the last film company to exploit a tax loop hole which meant that had the Lord Of The Rings trilogy flopped...heaven forbid!... the New Zealand tax payer would have picked up the tab, and New Line stood to lose a mere $20 million on the whole deal. Not a bad gamble on a countrys' tax paying population!!!
No matter what transpires, and I am told it will be at least another 11 months before any court decisions are looked at, what has already taken place has been a wonderful lesson for me. I feel like I am being true to myself. In the world of film, unless you are an A list actor who has created their own production company and therefore can call for projects, the life of an actor is often fraught with insecurity and this can lead to a willingness to allow yourself to be majorly compromised in many ways. As a result of deciding to stand up on this issue and seek redress I have gained a huge sense of self respect. The fact that I have also created an opportunity for the other actors to stand and be acknowledged makes it even more rewarding.
There you go. Much has happened and continues to happen.
I revently had the absolute pleasure of seeing a band called the Checks perform 2 gig here in Auckland. They are mates of my eldest son, and have spent over a year recording their first album in London. The album is about to launch, ...get it!!! Despite still being only 19-20 yrs of age these guys are so bloody good it is a little dumbfounding. I have seen pretty much all their gigs in NZ since they were aged about 17. I get inspired by witnessing such talent. They are bloody nice guys as well.
Have a look at their myspace page, http://www.myspace.com/thechecks, and listen to some tracks.
Currently I'm listening in the university lecture theatre that is my car, to a great CD set by James Arthur Ray, he of The Secret, this is a perfect follow up to other material I have been listening to and reading for inspiration.
Also I am starting to hang out for the release of one of the worlds most anticipated playstation 3 games, HEAVENLY SWORD. I got to take part in the making of this game and if the result in any way reflects the wonderful experience it was working on it, then this will be a winner. Google Ninja Theory, a UK company who are the creators of the game.
Meanwhile out in the real world, we are facing some wierd human behaviour at present, be it Mr G Bush Jnr trying to get morphined hostpital patients to sign over major responsibilities!!! wake up America!...( tune in to Air America in iTunes for a little light on whats going on without attracting the public attention!!! its scarey )... or be it here in NZ where we have too many of our young ( new born to 4-5 yr olds ) children being tortured and beaten to death by family members...that's right..here in paradise there is a sickness that is not very pleasant to behold.Where ever we are, we each have a responsibilty to be in charge of our own lives, which then frees us to make our own choices, when this is armed with knowledge and fuelled by compassion, we can be damn powerful bipeds.
Every day its a choice as to what your day will be. I have a brazillian friend Marcello who has taught me to look make the choice that "its a beautiful day and a beautiful life". Low and behold it tends to work!!!
I'm gone I'll get back sooner than 8 months next time, till then stand for yourself, then you can really make a difference for others,....sorry I thought I was Mahatma Ghandi or Martin Luther King for a second there!
From New Zealand, here are a couple of views over Auckland City, from my bedroom window in a house I moved into 3 months ago.... I feel a little of what Suaron must have felt, looking out on the lands from on high!!!
I'm a goneburger
Labels: Lord Of The Rings, Suing New Line, The Secret

