Stuntmen Sue Film Company Over Elton John Tour Footage
Two stunt performers claim unauthorized use of 'Kingsman' clips in Sir Elton John's farewell tour breaches their contracts and seeks £200,000 in damages.
Two British stunt performers, Theo Morton and Douglas Robson, are seeking £200,000 in damages from MARV Bespoke Productions Limited, a film company owned by director Matthew Vaughn, alleging unauthorized use of their performances in Sir Elton John's "Farewell Yellow Brick Road" concert tour. The performers claim that 18 seconds of footage, featuring them in action sequences from the 2017 film "Kingsman: The Golden Circle," was used without their consent or compensation.
According to court documents, Morton and Robson were hired under contracts dated June and July 2016 to appear in "Kingsman: The Golden Circle." Their claim asserts that these contracts entitled them to a share of royalties from the film and payment for any "new use" of the footage. The stuntmen argue that the use of their performances in Sir Elton John's tour, which ran from 2018 to 2023 and became the highest-grossing concert tour in history, constitutes a breach of contract.
Lawyers for the stuntmen contend that the clips were shown in a context unrelated to the films, representing a "paradigm case of a new use" for which their performances embodied their rights. They further state that the footage has also appeared on iPlayer and Disney Plus in recordings of the tour.
MARV Bespoke Productions denies the allegations, with its defense team arguing that Morton and Robson had already assigned their rights to the footage. The company further contends that it played no role in licensing the clips for Sir Elton's tour and did not profit from their use. According to the defense, the rights to the film were transferred to another company, which then licensed the clips to 20th Century Fox in August 2018 for use in connection with the singer's show. MARV asserts that it neither used the clips nor arranged their use, and therefore owes no obligation to pay royalties or seek consent.
The defense also disputes the notion that the use of the clips in a live show or its recording constitutes a "new use" of the footage, suggesting it is a standard form of exploitation. The company's barrister indicated that no fee was charged for the use of the clips, thus there would be nothing payable to the stuntmen.
The case hinges on several issues for the court to decide: whether MARV authorized the use of the clips, whether the company was obligated to pay an artist share or seek consent, if the clips constituted a new use of the footage, and whether a breach of contract occurred. The matter is scheduled for trial unless the parties reach a settlement out of court. Morton, known for his work on "Game of Thrones" and "Dunkirk," and Robson, who appeared in "The Batman" and "Guardians of the Galaxy," are each claiming £100,000.