A version of this story first appeared in the Jan. 10, 2013 issue of The Hollywood Reporter magazine. One of the holiday season’s enduring franchises is set for a legal showdown.
A Christmas Story, Warner Bros.’ 1983 movie about a kid who pines for
the perfect toy, plays nonstop on TBS and has spawned a mini-empire
ranging from merchandise to a Broadway show. But the film’s success also
has provoked a lawsuit scheduled to go to trial in January.
At issue is whether the National Entertainment Collectables
Association, which licensed the rights to make toys based on the movie,
owes money to one of the film’s actors. Most of the actors signed
contracts that provided for set merchandising royalties — but not Zack
Ward, who played the bully Scut Farkus at the age of 12. During
production, the filmmakers had Ward trade lines with one of the other
child actors, making the role of Farkus bigger than was originally
intended. However, the producers failed to then upgrade his contract to
control his publicity rights.
Ward was shocked in November 2010 during the annual Christmas Story
charity fundraiser convention in Cleveland, when a fan handed him a
Christmas Story board game that showed his face on the box and the
game’s playing cards. Later, Ward also discovered a calendar too.
Ward briefly sued Warners too, but dismissed that lawsuit when the
studio gave him some cooperation. Now, in a lawsuit against NECA, he has
told the judge, “I am sure the Court can imagine my feelings of
humiliation and anger at the Defendants for having purposefully
defrauded me.”
During a deposition, Ward, nervous and attempting to lighten the
mood, slipped into a Dr. Evil voice and said, “One billion dollars” when
asked how much he wanted. NECA has responded that the lawsuit came too
late and is prepared to have experts testify that $6 million in claimed
damages are overstated for a board game that grossed about $750,000 in
sales.
In late October, a judge denied the defendant’s motion to dismiss
Ward’s attempt to collect money over emotional distress damages from any
violation of his rights of publicity. The judge ruled that the
credibility of Ward’s statement that defendants “stole [his] face” being
an “emotional situation” was something to be determined by a jury.
Kent Raygor, the attorney for NECA and its president Joel
Weinshanker, says “the parties reached agreement on terms of settlement”
after a mediation session earlier this month.
But Randall Newman, the attorney for Ward, insists there are still
“major issues” to be resolved, among them being that his client is
adamant that any settlement not be confidential.
Ward says he wants to be heard.
“People have to be accountable,” the former movie thug tells THR.
“You can’t just bully people all the time and get away with it.”
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