Stuntmen sue Elton John over 18 seconds of footage in farewell tour
Two of Britain's most accomplished stunt performers are taking legal action against the production company behind the Kingsman films, seeking £200,000 over 18 seconds of footage used in Sir Elton John's record-breaking farewell tour. The case, which reached the High Court last week, raises questions about the rights of performers when their work is repurposed for commercial gain.
Theo Morton, whose credits include Game of Thrones and Dunkirk, and Douglas Robson, who appeared in The Batman and Guardians of the Galaxy, claim that clips from the 2017 film Kingsman: The Golden Circle were used without their permission in Sir Elton's Farewell Yellow Brick Road stage show. The tour, which ran from 2018 to 2023, became the highest grossing concert tour in history with 330 live performances.
The footage shows Sir Elton, dressed in a flamboyant feathered suit and platform boots, delivering a flying kick to a henchman. The stuntmen argue that this constitutes a 'new use' of their work, entitling them to royalties and consent under their original contracts.
Their barrister, Jonathan Moss KC, told the court: 'The performers' performance, which embodies their rights, was provided to, and used in, Elton John's Farewell Yellow Brick Road stage show. This use amounted to 18 seconds of footage from the film, featuring stunts performed by them, and was shown on a screen behind Elton John as he performed.'
The defendants are MARV Bespoke Productions Limited, owned by director Matthew Vaughn and his wife, supermodel Claudia Schiffer. The company denies any wrongdoing, arguing that the stuntmen had already signed over their rights and that MARV played no part in licensing the clips for the tour.
Tom Cleaver, representing MARV, stated: 'The defendant was not responsible for the use of the clips in the show. It neither used the clips nor arranged their use, nor has it earned any proceeds from that use.' He added that the rights had been assigned to 20th Century Fox, which granted a licence for the clips in August 2018.
The case hinges on whether the use of the clips in a live concert constitutes a 'new use' under the original contracts. Judge Melissa Clarke has set out the key issues for trial, including whether MARV authorised the use, whether it was obliged to pay an artist share, and whether there has been a breach of contract.
Mr Moss countered: 'The use by Fox of the clips amounts to breach of contract by the defendant. The clips were shown by a musician in a context which has nothing to do with the movies. This is a paradigm case of a new use.'
The case will return to court for a full trial unless a settlement is reached beforehand. Sir Elton's tour, which grossed over £800 million, remains a testament to his enduring appeal, but this legal battle highlights the complexities of intellectual property in the entertainment industry.
Matthew Vaughn, 55, is a prominent figure in British cinema, having produced hits like Lock, Stock and Two Smoking Barrels and Snatch, and directed Layer Cake, Kick-Ass, and the Kingsman franchise. His company, MARV, co-created the Kingsman comic book series and the resulting film franchise.