Lily Tomlin Loses in Bid to Bar Documentary Film

Actress Lily Tomlin lost her bid Friday to block distribution of a documentary about the making of her Broadway hit, “The Search for Signs of Intelligent Life in the Universe.”

Rejecting Tomlin’s arguments that the 90-minute documentary will hamper her efforts to sell her Tony Award-winning play to cable television, Superior Court Judge Jack M. Newman said the actress signed away those rights when she contracted with film makers Joan Churchill and Nicholas Broomfield in 1984 to produce the documentary.

“For the court, viewing the film (twice) has only enhanced interest in seeing the show in its entirety,” Newman wrote in denying Tomlin’s request for a preliminary injunction.

Tomlin, 47, claimed that the documentary “Lily” effectively contains more than the 15 minutes of the Broadway performance authorized under the contract. With more than 20% of the play reproduced in the film, Tomlin said, she fears that the documentary will compete with her own efforts to market cable television rights to the play itself, worth an estimated $3 million.

But attorneys for the documentary film makers said the extra performance footage was “developmental” material filmed during pre-Broadway performances and was authorized under the contract.

The attorney for Churchill and Broomfield, Shirley Hufstedler, said Tomlin was perturbed because she had given up creative control over the documentary at a time when her career was at a low ebb. The actress objected to several close-ups that the film makers had refused to remove, she said.

“Alas, she looks her age and she doesn’t like it,” Hufstedler told the court.

In his ruling, Newman noted: “For what it’s worth, Ms. Tomlin, for whose creativity and talents the court has great admiration, is most favorably presented in all aspects of the film, including the close-ups.”

But he said the remaining issues are essentially contractual ones that will have to be settled in court after the film is distributed.

Tomlin, noting in a prepared statement that Newman’s ruling was only on a preliminary injunction, said she intends to “fully pursue the case in state and federal courts and to clearly establish our rights.” She added that the film makers could be liable for damages if they proceed with marketing the film.

“We want removal of the material which the film makers were not authorized to use,” she said. “This is a matter of principle, as well as economics.”

Negotiations on Release

Broomfield said the film makers will immediately launch negotiations for theatrical release of the film, followed by distribution to pay television services and the Public Broadcasting System, which partially financed the production.

“I don’t think it’s going to diminish the (Tomlin) show one little bit,” Broomfield added.