Spinal Tap creators' claim against Vivendi to proceed to trial

Last year we reported on This is Spinal Tap co-creator Harry Shearer's claim against Vivendi in respect of merchandising income apportioned to the four creators up until 2006. That story can be found here.

Shearer alleged that Vivendi carried out fraudulent practices to conceal and re-apportion revenue generated by the hit mockumentary, and issued a $125 million damages claim. The other three co-creators have since been joined into the claim, bringing the total claim to $400 million.

Last week a U.S. District Court ruled that the claim will proceed to trial, after Vivendi reportedly brought a motion to dismiss the claim. That does not mean the claimants have won the case; it means that, if the parties do not settle the claim, the claim will have a proper hearing at trial, together with the disclosure and scrutiny of evidence that comes hand in hand with a court trial.

Harry Shearer has been making the most of opportunities to publicise his claim, seeking support on Twitter and writing an article about the claim for Rolling Stone magazine. According to Rolling Stone online, Shearer said of last week's hearing "England's loudest band will be heard. But today is a good day not just for us, but for all aggrieved creative artists".

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.