Two British stunt performers are seeking £200,000 from a film production company, alleging that clips featuring them were used without authorization in Sir Elton John's Farewell Yellow Brick Road tour. Theo Morton and Douglas Robson claim their performances, taken from the 2017 film 'Kingsman: The Golden Circle,' were incorporated into the tour's backdrop without their consent or compensation.
The footage in question shows Sir Elton John, who had a cameo in the film, performing fight sequences as part of the movie's finale. Morton and Robson, who appeared in some of these action clips, assert that their contracts entitled them to a percentage of royalties from the film and payment for any "new use" of the footage. They are suing MARV Bespoke Productions Limited, the company behind the 'Kingsman' movie, for breach of contract and are seeking an injunction to prevent further use of the clips.
According to court documents, the stuntmen's legal team stated that the use of the clips in Sir Elton's stage show, which ran from 2018 to 2023 and became the highest-grossing concert tour in history, constituted an unauthorized new use. The clips were reportedly shown on screens behind the singer during his performances and have also been broadcast on platforms like iPlayer and Disney Plus.
MARV Bespoke Productions is defending the claim, denying any wrongdoing. The company's defense argues that the stuntmen had already assigned their rights to the footage and that MARV played no role in licensing the clips for the tour, nor did it profit from their use. The defense contends that rights to the film were transferred to another company, which then licensed the clips to 20th Century Fox for use in connection with Sir Elton's show. MARV maintains that the use of extracts in a live show or its recording is not a new form of exploitation and that no money was exchanged for the use of these specific clips, therefore nothing is payable to the stuntmen.
The case hinges on whether MARV authorized the use of the clips, if the company was obligated to pay the performers, if the clips constituted a new use of the footage, and if a breach of contract occurred. The High Court is set to decide these issues unless the parties reach a settlement outside of court.