If you didn’t watch FX’s miniseries, “Feud: Bette and Joan”, by some reckonings the hit of the season, when it was broadcast you may never get a chance to do so. Today is Academy Award-winning actress Olivia de Havilland’s 101st birthday. Yesterday she gave herself an early birthday present by filing suit against Ryan Murphy, producer of the pseudo-documentary, and FX for for infringement of common law right of publicity, invasion of privacy and unjust enrichment, is asking for damages and any profits gained from the use of her likeness, and an injunction against FX to prevent the network from using her name and likeness. Hollywood Reporter reports:
In a complaint filed Friday in L.A. County Superior Court, de Havilland claims she has built a reputation for integrity and dignity by refraining from gossip and other unkind, ill-mannered behavior — but the series opens with Zeta-Jones doing an interview as de Havilland and creates the impression that she was a hypocrite who sold gossip to promote herself.
“[A]ll statements made by Zeta-Jones as Olivia de Havilland in this fake interview are completely false, some inherently so; others false because they were never said,” writes attorney Suzelle Smith. “FX defendants did not engage in protected First Amendment speech in putting false words into the mouth of Olivia de Havilland in a fake interview that did not occur and would not have occurred.”
The entire complaint is included in HR’s report and is well worth reading. Here’s a snippet:
A key reason for the public’s deep respect for OLIVIA DE HAVILLAND is that, in an 80-year plus career, she has steadfastly refused to engage in typical Hollywood gossip about the relationships of other actors. Even in her own case, where the press reported unkind and critical remarks allegedly made about her by her sister, actor Joan Fontaine, who also wrote an autobiography painting an unflattering picture of OLIVIA DE HAVILLAND, she used remarkable restraint. She went so far as to publicly state that she “doesn’t look back in anger [at any conflict in their relationship], only affection” and stated “I loved her so much as a child.”
Miss De Havilland has asked for a jury trial.
She is no stranger to the courtroom. On August 23, 1943 she filed suit against Warner Bros. claiming that under California law her contract with them had ended and ultimately prevailed. The “De Havilland Law” is frequently cited by performers seeking release from contracts with their employers.
Picture it for a moment. The 101 year old actress with enormous dignity makes her way painfully through the courtroom, reaches the witness box, is sworn in, and without script or apparent preparation testifies to the injury that FX and Mr. Murphy have done her. I don’t have the competence to comment on the jurisprudence but I’m qualified to remark on the dramatics. If it gets that far, they don’t have a chance.
The part was a little catty, but the character had such a small role it didn’t leave much of an impression on me. I don’t know enough about Ms. de Havilland to make any judgment as to its accuracy.
I know Zeta-Jones didn’t look anything like the de Havilland I remember, but that’s mainly based on Melanie.
Jurisprudence probably won’t matter. Fox will settle based on your last paragraph.