Suit filed over film royalties

Not repaid, says Jacksonville man

As a child, Jordan Cooper watched Texas Gov. Ann Richards make witty comments on late-night talk shows.

Then he saw her keynote address at the 1988 Democratic National Convention in Atlanta.

"It was very impacting," said Cooper, 34. "She was a great governor who shaped Texas and did a lot of things for women and minorities."

So when Cooper, a dentist at a family-run practice in Jacksonville, learned through mutual friends about an opportunity to invest in a documentary about Richards, he jumped on board.

The film received critical acclaim.

It chronicled the political life of Richards, who died in 2006, and featured interviews with Bill Clinton, Nancy Pelosi, Dan Rather, Tom Brokaw, Willie Nelson and Michael Dukakis.

Ann Richards' Texas debuted in Texas. It was screened in 2012 at the prestigious AFI-Discovery Channel Silverdocs festival and then bought by Home Box Office Inc.

While Cooper shared in its successes, he hasn't seen any royalties for the $43,000 he pumped into the project since 2011, according to a lawsuit filed Tuesday in Pulaski County Circuit Court by Cooper's attorney, Jeremy Hutchinson.

According to the complaint, Cooper was promised to be listed as an executive producer in the film's credits, to become an equity shareholder in an entity called Ann Richards Movie, LLC and to receive all royalties associated with the film.

Subpoenas for the lawsuit were scheduled to be served Wednesday.

The five defendants -- Ann Richards Movie, LLC; Newcoast Entertainment, LLC; Ann Richards Film, LLC; Home Box Office Inc.; and Keith Patterson -- have 30 days to file a written answer to the complaint in the same court.

Patterson, the film's director, declined to comment Wednesday.

A spokesman for the cable television network also declined to comment, saying HBO had not yet seen the complaint.

The lawsuit says Patterson, who has had roles in a couple of Hollywood movies, sold Ann Richards' Texas at a discounted price to HBO using a separate entity -- Ann Richards Film, LLC -- in exchange for a job offer with the company, according to the document.

The HBO documentary All About Ann: Governor Richards of the Lone Star State is largely based on Ann Richards' Texas.

"Patterson had a duty to sell the Film on behalf of ARM and its investors for full price and also not to enrich himself at the expense of ARM and its investors," the complaint said.

Patterson is an equity shareholder in defendant Newcoast Entertainment, LLC.

The complaint says Patterson borrowed from the company to help with the project. Patterson then paid Newcoast back first, and there wasn't any royalty revenue left for Cooper, the lawsuit says.

The film's other director, Jack Lofton, was not listed as a defendant. Lofton, who lives in Little Rock, declined to comment about the ongoing conflict.

In all, the complaint names 11 counts for which the defendants are responsible: conversion, conspiracy to commit conversion, intentional misrepresentation, negligent misrepresentation, fraudulent concealment, breach of covenant of good faith and fair dealing, breach of contract, infliction of emotional distress, violation of the Arkansas Securities Act, breach of fiduciary duty and punitive damages.

The complaint requested that Cooper's investment be returned as well as payment of other damages.

"We are prepared to take it to trial and feel good about the chances," Hutchinson said. "But we wouldn't close the door to a settlement."

State Desk on 08/28/2014

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