HBO Drama Incurs Wrath of Hell's Angels Founder--The Hollywood Reporter | Esq. | Entertainment and Media Law

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April 18, 2008

HBO Drama Incurs Wrath of Hell's Angels Founder

Posted by Eriq Gardner

Hbo_logo HBO might have a biker-sized problem on its hands with a potential new series, "1%."

According to a lawsuit filed yesterday in federal court in Los Angeles by famed Hells Angels founder Sonny Barger, the script, concept and elements in the show were developed with his collaboration. However, the complaint contends that HBO, the White Mountain Company, and writer/producer Michael Tolkin cut him out of the project and violated many of his publicity rights when he demanded changes so as not to dilute his own brand.

HBO announced the pilot, set in the world of biker gangs, back in October (the "1%" title is a reference to a tattoo used by biker gang members to symbolize life on the fringe of American society). Barger now says he first optioned his bestselling autobiography to 20th Century Fox for movie development. Fox then hired Tolkin (Robert Altman's "The Player") to write the script. Barger claims he shared with Tolkin some of the other fiction projects he had been working on. Together, the two pitched HBO on a new series, and eventually HBO turned to Tolkin to create it.

However, after Barger objected to some of the elements in the pilot, HBO "refused to acknowledge the contributions or authorship" of Barger nor sought permission to "use or publish the name, trademark, persona or likeness of Sonny Barger for any purpose," according to the suit.

Barger wants the court to declare the "1% Script" as a joint work of Sonny Barger Prods and Tolkin, enjoin Tolkin and HBO from selling or exhibiting the program, and award compensatory damages for exploiting Barger's publicity rights.

Barger is repped by attorney Fritz Clapp.

Hope HBO learned a lesson here. Not to bite the hand that may feed you.

How can the Hells angels sue for biker stories? chicken heads are not bikers and the hells angels are chicken heads that ride bikes. I think this show is about men that ride bikes.that should exclude the hells angels completely. Just some things to think about.Good luck HBO. I think the hells angels days are done. Placing them in any story ruins the story.

This story is the same day Dave the hells angels ex Nevada president was found guilty of some child pornography charge in Wyoming. Its a good sign for HBO to dump the trash before everyone gets infected.dump that garbage HBO don't need anything from any hells angel.

HBO ARE PUSSIES AND THIEVES FOR STEALING FROM SONNY BARGER, YOU MIGHT NOT AGREE WITH HIS WAY OF LIFE, BUT HBO WANTS TO MAKE $$$$ FROM IT..THEY ARE HYPOCRITES ALSO...HOPE THE ANGELS PAY A NIGHT TIME VISIT TO THE EXCUTIVES HOMES WHO DID THIS...GUESS WHAT..THE PUSSIES WHOULD BE GETTING OUT THEIR CHECK BOOKS REAL QUICK ASKING SONNY WHAT IS FAIR...

when i heard about the suit i wondered about it
until i read more.as far as i know sonny wasnt the founder of the HA but is its president
if in fact there is validity to his suit then HBO should pay him plain and simple, but speculation will get no one anywhere.

as for mike above the story is about "outlaw motorcycle clubs" ie the 1% term and has nothing to do with general people riding motorcycles. and the stories do not specify anything regarding hells angels motorcycle club. so get the facts straight before you make an ass of yourself

You need to realize that 1% is a reference to criminals and antisocial personalities, made in the 50s to sell bikes to the other 99% (of AMA riders) who are (hopefully) law abiding. By definition the 1%ers are likely to have committed crimes, been victimized, and be disrespectful of the other 99% on whom they can prey.
It would be like a TV show about the 1% plumbers with low slung pants, dirty fingernails, cheap repairs, and improper parts. The 99% of plumbers would report on time, give fair estimates and service, and offer the viewers and customers their money's worth. One concept is abusive and exploitative, the other is truthful and has a believable plot.
Exploiting 1%ers for sleazy ratings and prurient interest of viewers will eventually become boring and unfulfilling, like poor booze and dull movies. Having screwed the Hells Angels first off shows that HBO is even less trustworthy than self-confessed 1%ers, and that there is no honor among thieves or in HBO's building. This is an abusive and disrespectful pilot for a show that will suck and be canceled for its multiple abuses. Listen for the sound of bikes on the front lawn late at night...and the crack of glass.

SONNY IS SEVENTY YEARS OLD AND CAN STILL KICK ALL THOSE HOLLY WEIRD EXECS ASSES.SUE THE SHIT OUT OF THEM CHIEF.ALLONS FROM THE OLD TANK COMMANDER

This has nothing to do with the HA or any other MC in general. This has to do with Sonny Barger and his corp. In Sonny's collaboration with Tolkin in making a HBO series and Tolkin cut him out of the deal. Everyone needs to get a clue and understand the business aspect of it and not the assoication of the club.

HBO should stand up to these pieces of crap. What we all seem to forget is they are criminals, no better the Al Capone, just a different format. I mean hello they are called HELLS angels, wake up America !

when this gang first started they were people who didn't fit in with the rest of society. so they developed a brotherhood, got motorcycles and made a name for themselves. yes some may be criminals but i think we have more criminals in the society that didn't accept them in the first place
by sticking together they became a family that not everyone can be a member of which leads to jealousy and envy. their not as dysfunctional as most families are these day's. leave them alone!
sonny should be involved in every aspect of this film, it's a documentory about something he created, people may learn something from this if hollywood will listen to sonny and stick to the facts

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