Elton John's farewell tour has hit a legal snag, as two renowned movie stuntmen, Theo Morton and Douglas Robson, are suing for a substantial £200,000. The dispute centers around the unauthorized use of their performance footage in Sir Elton's stage show, 'Farewell Yellow Brick Road'. This high-profile case highlights the complex legal landscape surrounding the use of copyrighted material in live performances and the potential financial implications for performers.
The stuntmen, known for their work in blockbuster films like 'Game of Thrones' and 'Dunkirk', claim that their performance rights were violated. They argue that the 18-second clip, featuring their stunts, was used without their consent in the backdrop of Elton's tour, which became the highest-grossing concert tour in history with 330 live performances. The footage was originally from the 2017 movie 'Kingsman: The Golden Circle', where Elton John had a memorable cameo.
The legal battle revolves around the interpretation of the contracts between the stuntmen and the film production company, MARV Bespoke Productions Limited. The stuntmen's barrister, Jonathan Moss KC, emphasizes that the contracts entitled them to a percentage of royalties from the film and any new uses of their performance footage. He argues that the use in Elton's tour constitutes a 'new use' and a breach of contract.
However, MARV's barrister, Tom Cleaver, counters that the stuntmen had already signed over their rights to the footage and that MARV played no role in licensing the clips for the tour. Cleaver suggests that the use of the clips in the live show is not a new form of exploitation and that there was no obligation to seek consent or pay royalties.
The case highlights the challenges performers face in protecting their rights in the entertainment industry. It raises questions about the boundaries of 'new use' and the responsibilities of production companies in ensuring proper consent and compensation for performers. As the trial unfolds, the outcome will have significant implications for the rights of stunt performers and the legal practices surrounding live performances and film usage.
This legal dispute underscores the intricate relationship between performers, production companies, and the use of copyrighted material in the entertainment industry. It serves as a reminder of the importance of clear and fair agreements to protect the rights of all involved parties.
