Swedish-Eritrean filmmaker Binyam Berhane has recently filed a $2 million lawsuit against the producers of Daniel Espinosa’s immigration drama, Madame Luna. Berhane claims that the film, which is set in Italy and centers around an Eritrean refugee-turned-human trafficker, is based on his original story and research that he brought to lead producer David Herdies at Momento Film in 2013. The lawsuit targets Momento Film, the Luxembourg-based Hercules Film Fund, and the Los Angeles-based production company Rhea Films. Berhane’s lawyer, Scott Humphrey, alleges that Momento had entered into option agreements with Berhane but proceeded to make the film with other partners, violating Berhane’s rights in the project.
The lawsuit, filed in L.A. County Superior Court, outlines five causes of action including theft of the project, breach of contract, unauthorized use of Berhane’s name and likeness, copyright infringement, and fraud. Humphrey is seeking damages exceeding $2 million on Berhane’s behalf. According to the complaint, Berhane not only originated the project but also developed substantial material, including a treatment and screenplay drafts. Momento initially entered into an option agreement for a documentary, but Berhane later re-envisioned the story as a narrative feature film, leading to a subsequent option agreement. However, Momento never exercised these options, and Berhane believed that the project was not moving forward.
Berhane was shocked when he received a call from David Herdies in August 2022, informing him that the project had moved forward with Daniel Espinosa as director. It was during this call that Herdies demanded that Berhane assign all his rights to the story and project. The complaint reveals that Berhane later discovered that the project was nearing completion, despite Herdies implying that it was still in development. Additionally, the producers had been using Berhane’s name and image to support the production, giving it credibility in the industry. This exploitation of Berhane’s name and likeness, especially considering the film’s subject matter of African exploitation, added irony to the situation.
The filing of this lawsuit casts a shadow over the world premiere of Madame Luna at the Rotterdam Film Festival. It raises questions about the integrity of the production and the ethics of the producers involved. While the defendants are yet to respond to the allegations, the outcome of this legal battle could have significant implications for the future distribution and release of the film.
One of the key issues highlighted by this lawsuit is the importance of protecting intellectual property in the film industry. Filmmakers, like Berhane, invest considerable time, energy, and creativity into developing their projects. When their ideas and work are exploited without proper acknowledgment or compensation, it undermines the integrity of the industry as a whole. It is crucial for producers and production companies to establish clear agreements and respect the rights of the creators they collaborate with.
For Berhane, the alleged theft of his project and the unauthorized use of his name and likeness has significant professional and personal consequences. If the lawsuit proves successful, it could provide a degree of justice for Berhane and serve as a deterrent for future infringements on the rights of filmmakers. However, the legal process can be lengthy and costly, potentially affecting Berhane’s ability to continue his creative pursuits. It highlights the challenges faced by independent filmmakers in protecting their work and seeking redress when their rights are violated.
This lawsuit comes at a time when the film industry is grappling with issues of representation and cultural appropriation. The exploitation of Berhane’s project, particularly given its focus on the exploitation of individuals of African descent, raises important questions about the power dynamics within the industry and the need for greater diversity and inclusion. It prompts a broader conversation about the responsibility of filmmakers and producers to tell stories authentically and responsibly, and to ensure that all contributors are properly credited and compensated.
As the film prepares for its world premiere at the Rotterdam Film Festival, the allegations surrounding its production cast a shadow over its debut. The outcome of the lawsuit could have implications for the film’s distribution and release, potentially impacting its success and reception in the industry. Regardless of the legal proceedings, this controversy serves as a reminder of the challenges faced by filmmakers and the imperative to protect intellectual property.
The lawsuit filed by Binyam Berhane against the producers of Madame Luna raises important questions about intellectual property, ethics in the film industry, and the exploitation of marginalized voices. It serves as a timely reminder of the need for transparency, integrity, and collaboration in the creative process.