Judge bars showing of Aretha Franklin documentary at Telluride; second screening is halted
Aretha Franklin. JStone / Shutterstock.com
A federal judge in Colorado issued a temporary injunction last Friday barring the screening of an Aretha Franklin concert documentary at the Telluride Film Festival. Now the producers have withdrawn the film from a second venue, the Toronto International Film Festival.
U.S. District Judge John Kane issued the injunction in response to a request by Franklin, who claimed footage of her 1972 concert at a Los Angeles church could not be used without her consent. The footage is featured prominently in the film, Amazing Grace. Publications with coverage include the Hollywood Reporter, the Los Angeles Times and the New York Times, in stories here and here. The Hollywood Reporter links to the decision (PDF).
Kane said the film producer, Alan Elliott, had obtained concert footage via a quitclaim deed that referred to Elliott’s need to get Franklin’s permission to use the footage. Elliott negotiated with Franklin to use the footage, but no agreement was reached, according to Kane’s order.
Kane said Franklin had a strong interest in her right of publicity, and a right to injunctive relief under the federal anti-bootlegging statute. The defendant in the case was the film festival.
In her complaint, Franklin said she had sued Elliott to block the film in 2011, and the case was resolved with Franklin’s understanding the footage would not be released absent her permission.
The Hollywood Reporter article deems the ruling a “terrible precedent” and says Franklin did not appear to own the rights to the footage, shot in 1972 by Sydney Pollack. Franklin has publicity rights, the article says, “but if such a right is unfettered, Franklin could have a judge order this very column to be wiped from the Internet.”
Updated Sept. 11 to make a word substitution.
