No block for Madonna's 'Swept'
D'Onofrio claims he spawned idea for singer's part in pic
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At a hearing in L.A. Superior Court, Vincent D'Onofrio (no relation to the actor) claimed, through his lawyer Morris Getzels, that in 1996 he came up with the idea that Madonna should star in a remake of Lina Wertmuller's 1975 "Swept Away," an Italian-language hit about a spoiled rich woman who is transformed by her romance with a communist sailor. D'Onofrio describes himself as a singer, songwriter, actor, director, writer and producer who has worked in the entertainment industry since 1965.
According to court papers, Wertmuller agreed to direct a remake starring Madonna and with D'Onofrio as producer. In communications with Madonna's agent, D'Onofrio informed Madonna that the film rights had to be obtained. D'Onofrio did not hear from Madonna, which he attributed to her busy schedule.
In 2001, he learned that Madonna was appearing in a remake of "Swept Away," which was to be produced and directed by her husband Guy Ritchie. D'Onofrio alleges that Madonna got the film rights to "Swept Away" 90 days after he sent her agent a letter outlining his strategy.
D'Onofrio sought to stop the release until Sony, which is distributing the film, gave him an on-screen executive producer credit. He may still proceed with a claim for money damages.
Attempts to halt the release of a film are uncommon and rarely successful. Challenges were mounted to "Batman Forever" and "Devil's Advocate" over the unauthorized use of artwork, but the films were released as scheduled. A court did enjoin the release of 1996's "12 Monkeys" over the unauthorized use of futuristic chairs in one of the prison scenes.
Madonna was represented at the hearing by famed attorney and ex-Universal exec Howard Weitzman, who has returned to his litigation roots as a partner at Proskauer Rose. Weitzman told L.A. Superior Court Judge David Yaffe that D'Onofrio himself created the need for emergency relief by waiting until three days before the film's release to bring a lawsuit.
Getzels responded that it is important to his client to get his name on the film right away, especially if it was pulled out of theaters in a week.
Before denying the motion, Yaffe pondered why anyone would want their name on a film that they expected to die in a week.
