'Soul Men' Film Is No Laughing Matter for Singer
Guy Adams - The Independent
Nov 03, 2008

Over the years, Samuel L Jackson has seen off everything from gun-toting gangsters to snakes on a plane. But the action hero's latest film role is at the centre of a dispute that may herald an unwelcome case of lawsuits in the post.
The comedy Soul Men, in which Jackson and the late Bernie Mac play estranged R&B artists who attempt a reunion in middle age, has upset Grammy-winning singer Sam Moore, who claims it is a thinly-veiled portrayal of his career in the soul duo Sam & Dave.
In legal letters seen by The Independent, Moore claims the film, due out next week, gives a defamatory account of a reunion that he and the late Dave Prater attempted in 1982, having not spoken to each other for four years.
The film infringes trademark rights over the duo's most famous song, "Soul Man", Moore alleges. It also wrongly portrays them as constantly swearing, making liberal use of the "N-word" and indulging in casual sex with groupies, he complains.
"The film is sexist, racist, and embarrassing, and that's not what Sam & Dave were about," said Moore, who is seeking "significant" compensation, together with a disclaimer distancing him from the narrative.
"It's so amateurish, so stupid, and I'm surprised that Samuel L Jackson is involved in this. But when you read the script, all you see is vulgarity. Every other word is the 'N-word' or 'M-f' and it's just not right. They have bastardised my whole story."
The film's producers, The Weinstein Company, strongly dispute the claims, saying that their new comedy's plot is completely fictional.
However, Moore claims that key areas of the film's plot dovetail with his own career. It co-stars Isaac Hayes, the late actor who worked as Sam & Dave's producer in the 1970s, and its soundtrack features one of their hits, "Hold on ... I'm coming".
"The Weinstein Company says the film's fiction. In that case, I'd like them to tell me what part's supposed to be fiction," said Moore. "I'd like them to tell me which two black soul musicians, signed to Stax Records, who worked with Isaac Hayes, it's meant to portray."
Moore is particularly upset by comedy sequences that he believes portray him in a buffoonish manner. One scene featured in the film's trailer sees the protagonists receive oral sex from a middle-aged woman who first removes her false teeth.
"I am not hurt so much as angry. We have sent 'cease and desist letters' and, after the film's launched, will pursue it further. I'm prepared to litigate on this and I'm prepared to go all the way. So I hope these guys are prepared to go all the way with me."
Moore's laywer, Arnie Lutzker, said his client considers litigation to be a "last resort". He added: "Clearly, the film takes from Sam Moore's life without getting permission. If you look at the story ... if you know anything about Sam & Dave then you could make the reasonable assumption that this is the Sam & Dave story. The film-makers are exploiting his reputation to make a buck. They are taking his rights to the phrase "soul man". They've abused his trademark in a way that creates the likelihood of confusion."
In response , The Weinstein Company's attorney, Bertram Fields, insisted that the film bears no resemblance to actual events. "Months ago, we received Mr Moore's claim and told him he had none," he said. "As he could readily see from the script we sent him, Soul Men is not, in any part or respect, based on Mr Moore's life. It tells a different story about different people. If Mr Moore decides to file a lawsuit, he will lose."
Whatever the outcome, the dispute comes at a tricky time for The Weinstein Company, which has suffered a dearth of blockbusters and is currently involved in an expensive legal row with the broadcaster NBC, which is preventing its lucrative television show Project Runway going on air.
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