Lewis Alleges Studio Breached 'Pay-or-Play' Deal

Comedian Jerry Lewis isn't joking about a deal he made more than seven years ago with Hollywood Pictures and Spyglass Entertainment for a remake or sequel to his 1961 comedy "The Errand Boy."

Lewis alleges in a lawsuit filed Aug. 3 in Los Angeles Superior Court that the studio and production company haven't lived up to the "pay-or-play" deal he made to develop the film and claims he's owed at least $2.2 million for services as a consultant, executive producer and actor.

Spyglass and Hollywood Pictures allegedly hired writers and at least one script was completed by November 2002, but nothing else has happened.

Lewis and his JAS Productions allege the defendants "have not undertaken substantial efforts to develop the picture since that time, and in any event, California law mandates that payment be made within a reasonable time." A typical "pay-or-play" deal requires that talent be paid regardless of whether a project goes forward.

Representing the plaintiffs are Alan Isaacman and Steven Blackman of Isaacman Kaufman & Painter in Beverly Hills.

Spyglass' senior vp of business and legal affairs, Cheryl Rodman, said it was the company's policy not to comment on pending litigation. Walt Disney Co., which owns Hollywood Pictures, also declined to comment.

Lewis alleges deceit against unnamed Spyglass associates, who made statements in 2004 and 2005 claiming they were working to develop the picture.

Lewis and JAS "allege that these representations were false, that these defendants are not in fact making any real effort to develop the picture and that the only steps taken since April 2004 constitute an effort to create a justification for depriving plaintiff of payment due under the agreements alleged above."

Lewis and JAS ask the court to determine their rights under the contract, including that they are entitled to immediate payment. The plaintiffs also seek punitive damages against Spyglass Entertainment for its alleged deceit.

The case is JAS Productions v. Spyglass Entertainment, BC356438.