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Variety Sued Over 'Iron Cross'; Campaign 'Ruined by Bad Review'

Variety Sued Over 'Iron Cross'; Campaign 'Ruined by Bad Review'

By Josh Dickey
Published: March 10, 2010
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The producers of "Iron Cross" sued Variety on Tuesday, claiming the trade lured the indie film into a $400,000 promotion campaign with promises of Oscar attention that would lead to a major distribution deal -- then trashing it all with a scathing review.

Filed in Los Angeles Superior Court, the lawsuit weaves a narrative that begins with Variety bigwigs telling Calibra Pictures that "Iron Cross" was a real contender -- even before seeing it. The producers and the trade agreed to a campaign that would include front-page ads, DVD inserts and inclusion in the trade's screening series.

But after the trade had taken in more than $220,000 from Calibra, the trade published a freelancer's review that the lawsuit claims "seriously undermined, if not completely destroyed" any chance that Roy Scheider's final film had at an award or a distribution deal, the lawsuit states.

Variety pulled the review from its website and weekly edition, but it still appeared in the daily print edition in New York and Los Angeles.

Calibra was assured that Variety was spiking the review but, the suit says, "the damage had already been done."

Counts include breach of contract and fiduciary duty, negligence, fraud and unfair business practices. It seeks unspecified damages in excess of $25,000 and a jury trial. (To see a copy of the entire contract between Calibra and Variety, click here)

Timothy McGonigle, attorney for Calibra, was in trial Tuesday evening and did not immediately return telephone and email messages. A message by TheWrap left for Variety president Neil Stiles -- whose name is mentioned in the lawsuit along with Sales Director Dawn Allen -- did not immediately return calls.

Emails to Allen and editor Tim Gray were not immediately returned Tuesday evening.

The lawsuit spells out an unusual cart-before-the-horse arrangement between Variety and the producers of “Iron Cross,” which had not yet secured distribution. For that reason, the campaign’s purpose was to be two-fold: “to promote the Film for award nominations and to secure a motion picture distribution deal” by way ofVariety Iron Cross lawsuit front page online and print advertising, screenings, “direct contact introductions” and DVD inserts (see page one of the contract, right).

According to a copy of the signed contract filed with the lawsuit, Calibra agreed to pay more than $400,000 – then went and spent an additional $800,000 elsewhere “as a direct result and in reliance of the promotion partnership with Variety.”

But by the time Calibra was $226,000 deep into its payments, the trade “published a scathing review of the Film, effectively destroying the promotion to distributors and any chance for award nominations for the 2009-2010 awards season.”

The review, by freelancer Robert Koehler, was eventually restored, and Gray told the Los Angeles Times that the trade stands by its assessment that it would be remembered as "Roy Scheider's Swan Song and little else." (If you have a subscription to get behind Variety's pay wall, you can read

Tags: Iron Cross, Media, Movies, Movies, Variety

Description

Sharon Waxman's take on life on the left coast, high culture, low culture and the business of entertainment and media.

Follow me and TheWrap on Twitter: @thewrap

Sharon is also the author of two books, Rebels on the Back Lot and Loot.

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