Can a TV show base a character on an actor’s role in a movie without violating the law?
One might argue that all mafia types in TV and film are interchangeable and based on a stereotype. Frank Sivero would likely disagree. The actor filed a $250 million lawsuit against Fox Television Studios, Inc., and 21st Century Fox America, Inc., claiming that his character Frank Carbone from the 1990 movie “Goodfellas” served as the basis for the cartoon character Louie in the television show “The Simpsons.”
According to Sivero, he created and developed the Carbone character without a script and based on his own personality. During that time, he was living next door to writers from “The Simpsons,” and Sivero alleges that the show appropriated his confidential idea in creating Louie. Sivero seeks damages for the use of his name and likeness, claiming that he is entitled to a portion of the profits from all things “Simpsons” related, including the television show, movie and video games.
Sivero allegedly spoke with producer James Brooks in 1995 or 1996 about being part of the future success of “The Simpsons” and possibly even doing a movie together. In his lawsuit, Sivero asserts that there was never any intention of making a film; rather, individuals associated with “The Simpsons” were studying him further in connection with the Louie character.
It is unclear why Sivero waited so many years to file this lawsuit, although Louie is a recurring character in “The Simpsons” and appeared most recently in an April 2014 episode. Sivero asserts that he has been typecast due to the show’s use of his likeness and idea, further damaging him financially.
Thomas M. Lancia has more than 20 years of experience representing clients in the New York City area in matters involving copyright litigation. Call him at (212)964-3157 for a consultation today.