The Terrifier franchise is facing a lawsuit over Art the Clown’s ownership and rights over the films.
The horror series largely focuses on the central serial killer clown, and has spanned across four feature-length movies. They were preceded by a series of short films as well as full-length film All Hallows’ Eve, which feature the character.
Company Ruthless Studios has now filed a lawsuit in California that accuses production houses Dark Age Cinema and Art the Clown LLC of copyright infringement, trademark infringement, unfair competition, as well as improperly profiting from the franchise without authorisation (via Complex).
They are seeking damages, accounting of profits, injunctive relief, as well as declaration that films Terrifier 2 and 3’s copyrights are owned by Ruthless alongside related sequels, video games, merchandise, events and further derivative projects – though it excludes 2016’s Terrifier.
The suit claims that creator Damien Leone, who has directed and written all the films, gave ownership of the original shorts to Ruthless alongside trademarks, copyrights, sequel rights and derivative works for $5,000 (£3,723).
According to the suit, this gave Ruthless “the right to produce audiovisual works of all types… and sequels thereto and remakes thereof and all other types of derivative works based thereon” and “all copyrights, neighbouring rights, trademarks and any and all other ownership and exploitation rights” related to the properties.
The company also claims it financed and produced All Hallow’s Eve and helped to turn Art the Clown into a horror icon, as well as spending years promoting him and securing domestic and international distribution for the feature film.
They shared an extract of an alleged email from Leone about Art’s growing fanbase, where he wrote: “Art the Clown was ‘getting big now’.”
Ruthless says in the suit that Leone was given permission to make the first Terrifier film on a “one-time” basis, having allegedly acknowledged the company’s ownership rights, the filmmaker asking their permission to go ahead.
However, Ruthless say they were cut out when Leone expanded the brand and made merchandising deals around the two Terrifier sequels. The company further says the follow-ups are “clearly derivative works of, and/or sequels to, the original Terrifier short film”, with elements such as characters, themes, story elements and logo design.
The franchise is currently preparing for a fourth film, with Leone signalling earlier this year that it will be the final entry in the series.
“We’ve built something special together over the years,” he told fans. “The cast and crew who have been here since the beginning deserve a finale that honours their dedication, and the fans who’ve championed this franchise deserve something unforgettable.”
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