LEXIS 634, was a breach of contract lawsuit filed and decided in California in which humorist and writer Art Buchwald alleged that Paramount Pictures stole his script idea and turned it into the 1988 movie Coming to America.
According to the court documents, the synopsis for "King for a Day" was: A rich, educated, arrogant, extravagant, despotic African potentate comes to America for a state visit.
In order to avoid extradition, he marries the black lady who befriended him, becomes the emperor of the ghetto and lives happily ever after.
In the summer of 1987, Paramount began to develop a movie that was credited as being based on a story by Eddie Murphy, and which was to be directed by John Landis.
In the second phase of the trial in which the court determined the appropriate amount of damages to be paid to Buchwald, Paramount testified that despite the movie's $288 million in ticket sales, it had spent so much money on the movie's development and marketing that, according to the formula specified in Buchwald's contract, Paramount had made no "net profit".
Fearing a loss on appeal and, presumably, a wave of lawsuits by authors claiming they, too, had been wronged by the unconscionable net profit formula, Paramount settled with Buchwald and his producing partner for $900,000.
[citation needed] The net profit formula in authors' contracts does not correspond to the net profit formula of generally accepted accounting principles that the movie studios use when creating their financial statements that are reported to the U.S. Securities and Exchange Commission and to the investing public.
What the court described as an "unconscionable" formula in Buchwald's contract effectively double-counts many costs borne by the movie studio.
However, a ruling by the California Superior Court in Batfilm Productions v. Warner Bros. regarding the 1989 Batman movie stated that a similar formula was not unconscionable.
[7] In the retrospective interviews included on the 2007 DVD release of Coming to America, John Landis and screenwriters Barry Blaustein and David Sheffield make no mention of Art Buchwald's lawsuit, and maintain that the film's story originated with Eddie Murphy, with Blaustein and Sheffield writing the screenplay from Murphy's 25-page treatment.
I should point out that for all of the media attention to that case, no one ever mentions Barry Blaustein and David Sheffield, the men who actually wrote the script!
The irony of that case is that the only people that his lawsuit benefited were Eddie Murphy and me because it forced Paramount to open their books.