‘Beverly Hillbillies’ Star Wins Suit Over Madonna Song Rights

Max Baer Jr., who played slow-witted Jethro in the TV show “The Beverly Hillbillies,” won a $2-million award Wednesday against ABC, which he claimed kept him from getting the film rights to Madonna’s hit song “Like a Virgin.”

A Los Angeles Superior Court jury found that ABC had illegally threatened to sue the songwriters if they sold the rights to Baer, who had planned to produce a movie based on the song.

Baer, who testified during the trial that he has had a struggle for years to overcome the “big dumb cluck” image of his TV character, said Wednesday he was satisfied with the outcome of the trial. But he added that he wished the 9-3 verdict had been unanimous.

“It’s the point of winning even more so than the money. People can’t continue to do these things in the entertainment industry,” he said.

The network plans to appeal the verdict, said ABC attorney Thomas Mesereau.

“We feel the verdict was purely the result of passion and prejudice on the part of the jury and the damage award based on pure speculation,” he said.

Legal papers introduced by ABC maintained that the company began negotiations, reached an oral agreement and had signed a “deal memo” with songwriters Tom Kelly and Billy Steinberg for a movie based on the song.

A few months later, Baer started negotiating and ABC threatened to sue to protect its interest in the song. However, the jury believed Baer’s contention that ABC did not yet have sufficient rights to the song to threaten suit. Wednesday’s judgment was only against ABC.

Baer, during the 2 1/2-week trial, testified that after his nine years on “The Beverly Hillbillies” he turned to producing films. Two of his movies, “Ode to Billy Joe” and “Macon County Line,” were based on songs.

However, he added, he has had an uphill battle since leaving the television comedy because people erroneously identify him with the handsome but dumb Jethro.

Baer’s attorney, Rick Rosen, said the actor-producer would not obtain rights to the song, but the jury award would compensate him for that loss.

Mesereau said that the songwriters have since transferred rights to ABC, and that a television movie is in development. He said the network would appeal on grounds that the evidence was in their favor. “It’s not easy for a corporation to go up against a likeable actor,” he said.

After the trial, three jurors asked for Baer’s autograph outside the courtroom.