Elton John's Farewell Yellow Brick Road tour has sparked a legal battle, with two renowned movie stuntmen, Theo Morton and Douglas Robson, suing for £200,000. The dispute centers around 18 seconds of footage from the 2017 film 'Kingsman: The Golden Circle', where Elton John made a cameo appearance. The stuntmen claim they were not adequately compensated for the unauthorized use of their performance in the singer's stage show, which became the highest-grossing concert tour in history.
The case highlights the complex relationship between film production companies, stunt performers, and the use of their work in various media. The stuntmen argue that their performance, which they provided to the film production company MARV Bespoke Productions Limited, was then used in Elton John's tour without their consent or knowledge. This 'new use' of the footage, they claim, constitutes a breach of contract, as they were entitled to a percentage of royalties from the film and any subsequent uses.
However, MARV's defense is twofold. Firstly, they argue that the stuntmen had already signed over their rights in the footage to another company, which then licensed it to 20th Century Fox. Secondly, they deny any involvement in licensing the clips for Elton John's tour and claim that no money was made from their use. The company's barrister, Tom Cleaver, emphasizes that the use of the clips in the show was not a 'new use' and that the stuntmen's rights had been assigned, absolving MARV of any obligation to seek consent or pay royalties.
The case raises important questions about the ownership and exploitation of performance rights in the film industry. It also underscores the challenges faced by stunt performers in securing fair compensation for their work, especially when it is used in unexpected and commercial contexts. As the legal battle unfolds, it will be fascinating to see how the courts interpret the contracts and the extent to which the stuntmen's performance can be considered a 'new use' in this unique case.
