Pay Buchwald, Studio Told : Humorist Wins Fight Over Movie

Paramount Pictures Corp. was ordered today to pay humorist Art Buchwald for the script idea that Buchwald said formed the basis for the hit movie “Coming to America.”

In a 34-page, tentative decision handed down in Buchwald’s $5-million breach of contract lawsuit against Paramount, Superior Court Judge Harvey Schneider decided that Eddie Murphy may have been given screen credit in 1988 for writing the story that became the movie, but it was based on an eight-page treatment written by Buchwald in 1982.

The decision, which most likely will become final within 10 days, opens the way for a second phase in the trial, during which Buchwald and co-plaintiff Alain Bernheim, a veteran Hollywood producer who worked with Buchwald on producing the treatment, will be able to demand a complete accounting of the more than $300 million that the movie has earned thus far.

Schneider did not specify a dollar amount for damages, so it was not immediately clear how much money Buchwald and Bernheim stand to collect for their role in the film. But Pierce O’ Donnell, Buchwald’s attorney, said the figure could be between $5 million and $10 million. Paramount officials, however, put their liability only at $250,000--the figure contained in their contract with Buchwald.

“The court concludes that ‘Coming to America’ is a movie that was ‘based upon’ Buchwald’s treatment, ‘King for a Day,’ ” Schneider wrote.

He added that the final movie, however, “is no less the product of Eddie Murphy’s creativity because of the court’s decision” and reserved sole blame for Paramount in breaching its contract with Buchwald and Bernheim.

“Finally, the court wishes again to emphasize that its decision is in no way intended to disparage the creative talent of Eddie Murphy,” he wrote. “It was Paramount and not Murphy who prepared the agreement in question.”

Paramount attorney Bob Draper said the studio will appeal immediately and added: “Basically they (Buchwald and Bernheim) spent $1 million in attorneys fees to make $250,000.” He called the decision a “financial victory” for the studio.

Paramount optioned Buchwald’s story “It’s a Crude, Crude World” seven years ago as a possible vehicle for Murphy. The treatment was later renamed “King for a Day.”

The comedy about an African king who comes to Washington in the hope of getting nuclear arms and winds up taking a bride home with him bears little resemblance to the “black fairy tale” that Murphy said he was responsible for bringing to the screen.

In the Murphy story, an African prince comes to New York in search of a bride. Like the Buchwald character, Murphy’s Prince Akeem winds up in the ghetto, where he has a series of comic misadventures before he finds his queen and returns to his homeland.

Nonetheless, the contract called for Paramount to pay Buchwald and Bernheim if a movie was based upon the columnist’s original story.

The 1983 contract between the studio, Buchwald and Bernheim calls for them to receive 19% of the net earnings of any movie that resulted from Buchwald’s story treatment. Paramount officials maintain, though, that the movie has not yet earned any net profits.