The Big Picture
When Bonnie Aarons was cast as the role of the demon nun Valak in The Conjuring 2, the director James Wan and producer Peter Safran both agreed that simply based on the “unique geography of her face,” she was perfect for the role. Aarons has been an actress since the mid-’90s, having prominent roles in movies like Mulholland Drive and I Know Who Killed Me, so the casting team had a lot of previous work to base their decision on as well. Since her first turn as the demon nun, the villain she portrays has become one of the most popular paranormal horror icons in the entire Conjuring franchise. Not only did the popularity of her character spawn a spin-off film The Nun, but the film was so successful that the sequel The Nun II was recently released with a successful box office for its first weekend. Fans of the franchise are so enamored with the character that the amount of merchandise featuring her likeness is staggering, and this is what’s at the heart of Aarons’ lawsuit with Warner Bros. and others. She has been paid for her work on the film as well as the residuals from box-office profits, but the studios involved are withholding the total amount of merchandise sales to avoid having to pay her the percentage she was promised in her contract.
A Contract’s Terms Are Legal Obligations
When two parties enter a contract, both sides are legally obligated to uphold their end of the bargain or face the consequences if they are unable to uphold their end of the deal. The Hollywood Reporter first discovered the lawsuit filed by Aarons’ lawyer on August 15, which lays out in clear detail the stipulations in her employment agreement with Scope Productions. The actual lawsuit is posted at the bottom of the article, so you can read the full text of it there, but the Cliffs Notes version is that Scope Productions is an affiliate of New Line Cinema, which is an affiliate of Warner Bros. and since the parent company owns the merchandising rights to any movies made at studios that operate under them, the executives at Warner Bros. are at the center of this lawsuit.
The lawsuit alleges that “Warner Bros. has refused to account intelligibly and to pay Ms. Aarons her contractually required share of merchandising revenue.” Through her lawyers, Aarons is claiming that the language entitling her to “gross receipts, if any…” in her contract means Warner Bros. owes her a percentage of the revenue coming from the sale of any merchandise bearing her likeness. It’s a bold claim (though a potentially lucrative one) and it would seem that the words “if any” give the company’s lawyers just as much wiggle room to dispute any payment owed to the plaintiff as it gives the plaintiff’s lawyer’s to demand payment from the company. While all this legal wrangling goes on, the receipts keep piling up as the merchandise in question is still selling in conjunction with the release of The Nun II, making the case more pressing for each side.
The lawsuit states the exact language that was used in the studio’s employment agreement with Aarons that details the amount she should expect to be paid from legally licensed merchandise revenue. The official merchandise list includes toys, dolls, decorations, pins, jewelry, t-shirts, socks, bedding, costumes, drinkware, and posters. In their communication with the lawyers representing the studio, the representative for Aarons wrote about the number of non-responses and half-truths that Warner Bros. has given to avoid disclosing the gross receipts for merchandise sales. Much of that merchandise doesn’t even mention the franchise name, but instead features only Aarons’ likeness as the titular villain, which is why her claim to a percentage of the profits should be expected.
This Lawsuit Mirrors the Hollywood Strikes
With news of this lawsuit coming on top of the WGA and SAG-AFTRA strikes, production studios are getting brazen in showing their disregard for the workers they employ. Their obstinate attempts at negotiating with the unions are projected to cost the studios $300 to $500 Million even though the total cost of what those unions are asking for adds up to just $50 million. The strikes mirror the lawsuit filed by Aarons in many ways, as the cost to the studio paying lawyers to fight this lawsuit is going to be far more than the cost of just paying her what she’s owed, to begin with. Our shows and movies wouldn’t exist without the writers who create them and the actors who bring them to life. In just the same way, the character of the demon nun Valak wouldn’t be the horror icon it is today if it weren’t for the brilliant performance from Aarons.
There could both be a somewhat cruel irony and illuminating irony here: Peter Safran was one of the producers involved in casting Aarons, an acknowledgment of her value. Years later, as an executive of Warner Bros., he’s in an arguably good position to recognize it again by advocating for some sort of revenue sharing with Aarons. Publicly, at least, he hasn’t. If it’s the same case behind the scenes, one would have to wonder if the more a studio executive has the ability to effect change, the less likely they are to do so.
Studios Need to Recognize the Value of Their Employees
With the writer’s strike having passed the 130-day mark, it doesn’t seem that studios will be giving in to any union demands any time soon. According to a September 9 announcement for all WGA members, The AMPTP presented their first proposal on August 11, and the WGA sent back a counteroffer to the proposal four days later, but the two sides haven’t communicated since. This lawsuit Aarons has filed for her rightful compensation further emphasizes the apparent negative attitude studios have towards their workers, and how desperately they seem to be clinging on to power. The concepts they want to implement in creating new shows and movies could deprive workers of their rights and cause many employees to leave the industry altogether. The length of this strike alone has already guaranteed consumers will have a significant dry spell when it comes to new shows and movies being produced. If studios move forward with their plans and continue to exploit workers like Aarons, there will be fewer employees able and willing to work with them, causing further delays in new entertainment for viewers to consume. It’s time for studio executives to reflect on their values and recognize that workers have rights.
