First day of lawsuit against actor Tyler Perry begins in Marshall



http://www.ksla.com/Globa...?s=9447220


MARSHALL, TX (KSLA) - A popular Hollywood actor has become the center of attention in Marshall Texas, but not because of a new movie.

Actor/Screenwriter Tyler Perry is in federal court in Marshall defending himself against a lawsuit alleging one of his movies was actually written years earlier by a Texas woman.

Opening arguments in the trial began just after 9:00 am Monday.

"I'm loving Marshall, Texas. That's all I can say," Perry told a crowd of fans just before entering the courthouse.

Donna West of Fort Worth claims Perry's hit movie "Diary of a Mad Black Woman" was copied from a play she wrote back in 1991 called "Fantasy of a Black Woman. "

But Perry's reason for being in town didn't stop the dozens of fans who lined up outside the courthouse from talking about meeting the famous actor and showing their support.

"I got me a hug from Tyler Perry, and I'm alright," said Fan Johnny Fay.

"We know where this young man came from and I just know in my heart he wouldn't do anything intentional to hurt anybody," said another fan, Loretta Bennett

Friends of plaintiff Donna West were also at the courthouse for the opening day of the trial and believe she would have no reason to lie.

"It's not all about the money," said West's friend Rickey Johnson. "It's just he had no right to take her stuff."

Johnson says West did perform the play in Dallas back in 1991, and thinks justice should be served.

But fans of the acclaimed actor have no doubt that Perry is innocent.

"Deep in my heart he ain't took nothing. He started it all from the ground up," said Fay.

A number of residents have offered to cook Perry and his staff dinner the entire time they are in Marshall.

The entire trial is set to last for the rest of the week with the case going to the jury sometime early next week.
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Actor Tyler Perry takes the stand in day two of trial in Marshall
http://www.ksla.com/globa...?s=9458357

MARSHALL, TX (KSLA) - Hollywood Actor Tyler Perry took the stand Wednesday afternoon in day two of his copyright infringement trial.

Lawyers for plaintiff Donna West tried to establish scenes from Perry's movie "Diary of a Mad Black Woman" were copied from other well known movies.

During his testimony, Perry said he has never copied anybody else's work and has never received a copy of "Fantasy of a Black Woman," the play he's accused of copying for the movie.

He says the first time he ever saw the play "Fantasy of a Black Woman" was Wednesday when West read it aloud in court.

The trial resumes on Wednesday.
[Edited 12/4/08 10:33am]

film by frank perry

circa 1960s

"Deep in my heart he ain't took nothing..."





The dumbing down of America really isn't a laughing matter.

JustErin said:

You're right.

JustErin said:

I don't think he took anything either. The material he writes is so generic. If you were to talk to the average black american, many of them would have characters in their lives just like in his movies and plays.

Perry concludes testimony
Consultant: plaintiff should get $41M if she wins

http://www.marshallnewsme...erry1.html
By Sandra Cason, News Messenger

Thursday, December 04, 2008

A financial consultant has testified that Donna West should receive slightly more than $41 million in damages, if a jury finds that Tyler Perry infringed on her copyrighted material.

Ms. West alleges the concepts used in her play, "Fantasy of a Black Woman," are duplicated in the 2005 box office hit, "Diary of a Mad Black Woman."
Courtney Case/News Messenger
(ENLARGE)
Filmmaker Tyler Perry makes his way through a crowd of fans at the steps of the Sam B. Hall Federal Courthouse Thursday in Marshall.


In the film, Perry plays Madea, a character which he created and which also appears in his other works, including the TV series, "House of Payne."

The trial began Tuesday morning in the Sam B. Hall Jr. Federal Courthouse in Marshall and concluded for the week with Thursday afternoon's testimony by Scott Barnes.

U.S. District Judge Leonard Davis of Tyler dismissed the jury of four men and four women at 5:15 p.m., instructing the panel to return 9 a.m. Monday.

Davis told jurors that testimony should be completed by Monday afternoon, with closing arguments set for Tuesday morning, after which they will begin their deliberations.

Barnes, a certified public accountant who specializes in "measuring economic damages," said he examined audits from Perry's companies and from Lions Gate Entertainment Inc.

Ms. West is also suing the company which produced the film.

Barnes said he determined Perry grossed some $19 million from the film, with gross profits for Lions Gate reaching more than $88 million.

Deducting expenses, Barnes said Tyler Perry's companies realized a net profit of $16,524,813, while Lions Gate's was $24,495,958.

"Total damages" due the plaintiff amount to $41,020,771, Barnes testified.

Ms. West is seeking to recover "actual damages, plus the amount of defendants' profits attributable to the infringement," attorneys' fees, and other court costs, the lawsuit says.

Responding to questions from Ms. West's attorney, Willie Briscoe of The Pittman Law Firm of Dallas, Barnes said he had not allowed deductions for certain expenses claimed by the defendants.

Among these were items such as salaries for corporate officers and other costs of doing business, which, Barnes said, would have been incurred even if the movie had not been made.

Barnes also said he did not deduct income tax from the profit total because "if there is a finding of infringement," the monetary award will be tax deductible.

Perry, himself, was among those taking the witness stand Thursday, conceding shortly before he concluded his testimony that he made an error in a deposition when he described the jilted wife in "Diary" as a stay-at-home mom.

The film tells of an African American woman who is literally drug by her husband from the mansion they shared on their 18th wedding anniversary and immediately replaced by a Hispanic female.

The woman in the film is childless.

Aubrey "Nick" Pittman, also of The Pittman Law Firm, played for the jury that portion of the deposition that included the statement and told Perry: "You were describing the wife in Ms. West's play. Her character is a stay-at-home mom."

"I'm sorry. I misspoke," Perry responded.

"One of the descriptions you gave of yourself is that you are an actor, Mr. Perry," Pittman said.

"You've been up there cracking jokes" throughout the testimony. "You're acting now, aren't you, Mr. Perry?"

"No, I am not," Perry replied, "and if that is what you think, I feel sorry for you."

"You have also been described as an arrogant man," Pittman continued. "Are you?"

"No, I am not," Perry answered.

"Isn't it true, Mr. Perry, that you require all your employees, regardless of age, to call you mister?," Pittman asked.

"Yes I do," Perry answered.

Perry was called to the stand early Wednesday afternoon, with his testimony continuing until noon Thursday.

The lengthy interrogation did not vary greatly from that of Ms. West, who took the stand mid-morning Tuesday as the first witness in the case and concluded her testimony early Wednesday.

Ms. West testified that on three days in July of 1991, she and her daughter, a family friend and about six other actors, presented "Fantasy" at the Junior Black Academy for Arts and Letters Inc. theater in the Dallas Convention Center.

She said the pursuit of her dream of further productions of "Fantasy" was halted by poor health, including a battle against a brain tumor.

Ms. West said her play is based primarily on her personal experiences as an abused wife.

Ms. West's attorneys have suggested that Perry was able to obtain a copy of her script from the Academy when he performed there about seven years later.

They have implicated in the script acquisition the Academy's founder and current president, Curtis King, and Perry's promoter, Arthur Primus, who brought Perry to the Academy and who has made substantial contributions to the cause of keeping the Academy financially solvent.

Perry testified Thursday that Primus invested in the "Diary" film and was not only paid back, but received an additional bonus.

Testimony was that Primus and another man, Arthur Jones, split $5.4 million.

Perry also said in his testimony that the film, "Diary" and an earlier play by the same name are based on his childhood experiences of seeing his father abuse his mother.

"There is absolutely no similarity between her play and my movie," Perry told Pittman.

"My work deals with forgiveness, love and redemption.

"I'm trying to show God to people and to show them that no matter what you go through in life, you can get through it."

Asked by his lawyer, Veronica Lewis, if he saw that in Ms. West's work when she read her play from the witness stand, Perry said he did not perceive a Christian theme.

When Ms. West's second husband, Doug West, followed her to the stand, however, he used the same words \— forgiveness and redemption \— to categorize the ovreall theme of his wife's play.

Contact Sandra Cason: scason@coxmnm.com or 903-927-5969.

daPrettyman said:

His movies are so fucking boring.

"Tyler Perry Trial". Don't you have the feeling if you went over to his house is name would be on it. The front door would say "Tyler Perry's Front door" you walk in "Tyler Perry's rug" "Tyler Perry's chair" Tyler Perry so on Tyler Perry so on.

JustErin said:

shit

i was going to say something about that but it's too easy

I'd have to see 'Fantasy of a Black Woman'..

JustErin said:

It's called Ebonics, Sis. That's a generic name for a dialect that some of us actually speak in our homes, and it has nothing to do with the dumbing down of America

Ottensen said:

I totally disagree but ok, whatever you say!!