Sara Karloff, daughter of late horror film icon Boris Karloff, is suing Universal Studios for damages in excess of $10 million, claiming that the company used a bait-and-switch scheme to avoid paying her royalties for the use of some classic Karloff characters: Frankenstein's Monster and Ardath Bey and Imhotep from "The Mummy."
The case, filed Thursday in L.A. Superior Court, raises questions about the extent of the right of publicity when an actor in a film is recognizable but appears in heavy makeup with easily reproduced characteristics, such as bolts in his neck and a jagged scar on his forehead.
Royalties negotiated
Sara Karloff alleges that Universal, which owns the Frankenstein films and "The Mummy," spent months negotiating a royalty agreement with her for the use of the Boris Karloff characters in advertising and promotions.
But, she claims, the studio always intended to avoid paying royalties by tweaking the Karloff characters just enough to create a generic Frankenstein's Monster and Imhotep that looked confusingly similar to, but not precisely the same as, the Karloff characters.
Image out front
In her complaint, Sara Karloff alleges that after receiving initial approval for the use of the late Boris Karloff's likeness, Universal put his image on the cover of its Style Guide, the catalog that advertises to third-party licensees the various images that are available -- the "centerpiece of the bait and switch scheme," according to Sara Karloff.
She further claims that after receiving approval for the use of Karloff's image in the style guide, Universal announced it was no longer interested in a long-term agreement. In the suit, she also alleges that when licensees request the Karloff characters, generic characters are substituted at the last minute.
Sara Karloff claims several causes of action, including fraud, breach of contract and violation of rights of publicity.
Successor to rights
Under California law, rights of publicity survive death and can be inherited by heirs. Boris Karloff died in 1969, and Sara Karloff is the successor to all rights in his name and likeness.
Karloff's attorney, Allan Browne, said: "The suit was brought to stop the unsavory business practices of Universal. Universal owes a ton of money to Sara Karloff based upon Universal's wrongful use of Boris Karloff's image and likeness."
Universal declined to comment, but the studio is likely to take the position that it has not violated the terms of any agreement with Karloff.
In a career that spanned nearly 60 years, Boris Karloff made some 170 films.
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