Return of the Living Dead rights dispute goes to court

Almost forty years ago, writer/director Dan O’Bannon delivered one of the most highly entertaining zombie movies of all time with The Return of the Living Dead (watch it HERE). A company called Living Dead Media LLC claims to own the copyright to the original screenplay and the underlying script for that film, as well as other trademarks, which is why they announced last year (on their website, which is currently down) that they’re moving ahead with a reboot. But last month, a new company called ROTLD Originals LLC was formed, with Return of the Living Dead cast member Beverly Randolph, a.k.a. Beverly Dawn Hartley, signing the formation document. Judging by Randolph’s social media, it appears that some of her co-stars are involved in this company as well, their mission being to “gain back our rights of our images” and, from the looks of it, launch a website where fans will be able to buy signed images from the film directly from the actors featured in those images. Whatever ROTLD Originals LLC may be about, Living Dead Media LLC doesn’t like it, as Deadline reports that the two LLCs are now caught up in a legal dispute that will be heading to court.

Living Dead Media LLC filed a lawsuit against ROTLD Originals LLC in Los Angeles Superior Court today, arguing that “simply being an actor in a film does not grant or convey any particular rights to that character or any other character or any rights to the Original Film, any derivative works, or related intellectual property. Ms. Hartley has no rights, title, or interest in the Original Film. … Neither Ms. Hartley, ROTLD, nor any of the other purported members have any rights whatsoever in any of the characters or merchandise that is being sold by these licensees.” Deadline adds, “The suit claims that the new LLC uses Hartley’s credentials as an actor in the original film ‘to bolster the erroneous claims that Ms. Hartley and/or ROTLD have an interest in LDM’s intellectual property.’ It claims that such actions ‘are attempting to interfere with active and existing contracts between LDM and these licensees.’” The full court document can be read at THIS LINK.

Night of the Living Dead alums Rudy Ricci, John A. Russo, and Russell Streiner crafted the initial story for The Return of the Living Dead, intending for it to be a follow-up to Night. Then O’Bannon got involved and did a complete overhaul, telling the following story: When foreman Frank shows new employee Freddy a secret military experiment in a supply warehouse, the two klutzes accidentally release a gas that reanimates corpses into flesh-eating zombies. As the epidemic spreads throughout Louisville, Ky., and the creatures satisfy their hunger in gory and outlandish ways, Frank and Freddy fight to survive with the help of their boss and a mysterious mortician.

The film stars Clu Gulager, James Karen, Don Calfa, Thom Mathews, Miguel A. Nunez Jr., John Philbin, Jewel Shepard, Brian Peck, Linnea Quigley, Mark Venturini, Jonathan Terry, Allan Trautman, and, as mentioned, Beverly Randolph.

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