Oprah’s Company Sued Over Film
Oprah’s Company Sued Over Film
Melvin B. Tolson’s family is lawyering up again, attempting to sue over the 2007 film, The Great Debaters, according to a report. The family has taken legal action against Oprah Winfrey’s Harpo Films, The Weinstein Company and MGM, claiming they were not compensated.
Tolson was a professor at historically black Wiley College who in the 1930s, amidst segregation, led the school’s debate team to a national championship. His family, through the representative David Wayne Semien, has now filed a lawsuit against Oprah Winfrey’s Harpo Films, The Weinstein Company, and MGM, alleging they were “not compensated in any monetary way for the defendants’ commercial use of Mr. Tolson’s name, distinctive attributes, and unique life experiences.”
To prevail on a complaint filed in Louisiana federal court, the Tolson family is going to need some awesome debate skills because they will surely encounter arguments about limiting free expression.
According to the complaint, when the film was being made, Tolson’s son offered producers assistance in the form of recordings of their father for the purpose of Washington’s study. Later, the family was invited and did attend the film’s premiere. Harpo staffers allegedly told the family, “We are going to take care of you.”
“In so doing, defendants dissuaded the plaintiffs from hiring a lawyer and exploited the plaintiffs’ lack of business experience and relative lack of education, as well as their trust in their understanding of the character (mis)represented by Winfrey, Denzel Washington, and the defendants,” states the complaint.
The family allegedly later attempted to contact Winfrey, but never got in touch. “Life rights” refers to the notion that a movie studio has some obligation to get the consent of an individual if that person’s name and life experiences are to be adapted into a television show or feature film. However, there’s no explicit law providing that. Instead, there are some state laws protecting one’s name or likeness from being commercially misappropriated.
The family did appear to cooperate in some capacity, as they provided recordings of Melvin B. Tolson, which may constitute an implied consent of his posthumous rights.
The family is also only suing now, a decade after The Great Debaters was released. Although the Supreme Court has ruled that lengthy delay doesn’t necessarily doom a copyright lawsuit or just this week a patent lawsuit, the application of laches (unfair prejudice by delay) may still be available to defendants in a right-of-publicity case.
Follow us: @theJasmineBRAND on Twitter | theJasmineBRAND on Facebook| theJasmineBRAND_ on Instagram


Previous Article
Next Article
Harvard Agrees To $53 Million Settlement After Former Morgue Manager Stole & Sold Body Parts From Donated Bodies
Family Of Nolan Wells, Mississippi College Student Who Mysteriously Died During 4th Of July Boating Trip, Pens Heartfelt Message On What Would Have Been His 19th Birthday
Florida Police Officer Accused Of Using Flock Cameras To Keep Tabs On His Estranged Wife More Than 700 Times
Jasmine Brand Brings 30 DC-Area Women Together For Intimate ‘CONNECT’ Brunch, Plans Multi-City Expansion
Woman Claims GLP-1 Weight Loss Drugs Caused Her To Lose Her Eyesight, Wants Warning Added To Labels
[Update] Atlanta Sisters Found Safe After Babysitter Allegedly Abducted Them-Mother Believes Woman Had Been ‘Plotting’ To Steal Her Kids
NAACP Joins Legal Team Representing Family Of Nolan Wells
Amber Alert Issued: Atlanta Police Say Babysitter Abducted Two Young Sisters