Copyright disputes over Road House and this year’s remake starring Jake Gyllenhaal and Conor McGregor has escalated into an all-out legal war.
R. Lance Hill (who wrote his original 1986 script as David Lee Henry), thought his February filing would thump Amazon Studios, MGM Studios and United Artists over “blatant copyright infringement”, however they have fired back hard and fast against this claim.
“Plaintiff’s Complaint violates an established principle in copyright law: that an author of work created for hire may not necessarily be its creator,” according to Amazon Studios, MGM and United Artists in their counterclaim filing on May 3 in federal court (read it here).
Patrick Swayze made an unforgettable impression as Patrick Cargill in 1989’s Road House.
United Artists/Everett Collection.
Patrick Swayze’s original barroom movie Road House released in 1989 was an unexpected smash hit for both actor and Universal Artists (UA), becoming an instant classic. Fifteen years later – amid accusations of AI use and potential strike busting practices by Amazon – their House That Bezos Built released Doug Liman-helmed Road House redo March 21, 2024.
Gyllenhaal and UFC star Conor McGregor’s intense onscreen rivalry was an instantaneous hit; more than 50 million viewers streamed it during its initial two weekends on Prime Video according to Amazon.
Amazon and her allies have several motivations for fighting Hill now, one being Amazon herself being threatened.
“Hill acknowledged, represented, warranted — and contractually guaranteed — that Roadhouse had been created as an original work done for hire for his own company, Lady Amos Literary Works Ltd (“Lady Amos”), with Lady Amos being recognized by law as its author under the U.S. Copyright Act,” according to Sheppard Mullin Richter & Hampton LLC-represented defendant/plaintiffs/respondents in their account of events. As a result of such behavior by Hill himself in 1986, Lady Amos was granted all necessary rights which granted by them for purchase by United Artists (UA). UA purchased those rights from Lady Amos through purchasing them directly in 1986 from Lady Amos Literary Works Ll and not Hill as grantor of those rights that granted in 1986 from him personally.”
“Hill cannot alter history nearly four decades later; his attempt at terminating that grant is invalid, while his copyright infringement claim will fail.”
Studio executives claim Hill and his attorney Marc Toberoff’s claims against them are barred because the registration for Hill’s 1986 screenplay “was obtained using false statements made to the Copyright Office regarding authorship or ownership and is invalid as such.”
Amazon, MGM and UA allege that Hill deliberately misled the government.
That is falsehood,” countered Toberoff.
“Defendants’ claims of fraud on the Copyright Office are groundless deflection,” according to a lawyer representing Warner Bros in their dispute over Superman and Marvel over Jack Kirby, as noted by Deadline on Monday. Plaintiff notified them that this matter is at issue and would likely become part of litigation proceedings, she continued.
Amazon, MGM and UA attorneys seem to take an expansive view when they refer to this situation as being in dispute.
“Hill and Toberoff devised their conflicted Complaint in an attempt to enrich themselves both by forging an illegal copyright authorship claim,” according to Hill’s counterclaim.
“Upon information and belief, Toberoff (or one of his companies owned and controlled by him) acquired rights or an equivalent guarantee from his client for the 1986 Screenplay in expectation of receiving an undeserved windfall settlement — using his notorious copyright termination notice scheme as leverage against them for additional deals or entitlements in numerous works where his copyright termination notices had previously been served by them ostensibly acting on their clients’ behalf.
Counterclaimants want a court ruling declaring Hill does not hold copyright rights over the original Road House script and to have his registration of 1986 screenplay with the Copyright Office cancelled on January 24. To add insult to injury, studios are also seeking attorneys’ fees and compensatory damages from him and Lady Amos LLC.
Hold on tight; one way or the other someone’s going to get hurt.
