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‘Coming to America’ Writer Lambastes Buchwald at Trial : Film: Barry Blaustein challenges the humorist’s contention that he and a partner ‘created’ the Paramount movie.

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TIMES STAFF WRITER

Barry Blaustein, the co-screenwriter of “Coming to America,” denounced writer Art Buchwald and producer Alain Bernheim for claiming credit for “creating” the 1988 hit comedy, as testimony in the long-running civil case ended Friday in Los Angeles Superior Court.

“Ideas do not make a movie--a successful movie,” said Blaustein, going public with his anger for the first time since Buchwald filed the suit against Paramount Pictures in 1988.

In testifying, Blaustein found himself caught in the middle as he attacked Buchwald, a fellow writer whose cause he believes in, on behalf of a studio he believes cheated him out of profits from the film. Judge Harvey A. Schneider, who is presiding over the closely watched Buchwald case, ruled in 1990 that “Coming to America” was based on a story sketch Buchwald wrote in 1983.

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The judge subsequently caused shock waves in the entertainment industry by ruling that the contract between Bernheim and Paramount--based on the net profits formula standard in movie deals--was unconscionable.

The breach-of-contract case has drawn widespread attention because of some of the celebrities involved--the movie starred Eddie Murphy--and its impact on how Hollywood conducts business.

Blaustein took the stand as a reluctant witness during the conclusion of the third and last phase of the trial. Schneider had asked for evidence to help him ascertain the fair market value of Buchwald’s and Bernheim’s contribution to the movie.

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Their lawyer, Pierce O’Donnell, urged the judge to award them $6.2 million--the same amount paid to director John Landis.

Paramount’s attorney, Charles P. Diamond, argued that the two are entitled to no more than $265,000, their fixed fees in the original contract.

During a recess, Blaustein’s animosity toward Buchwald spilled over into the corridor, where he accused the syndicated columnist of calling the movie “a stinker.”

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Blaustein said he had “extremely mixed” feelings about the case since he and his partner, David Sheffield--like Buchwald and Bernheim--have never received “a dime” of net profits from the film.

“Paramount is very creative with numbers,” he told reporters. Although the studio has said that the film grossed $145 million, the screenwriters’ share was limited to a $400,000 upfront fee.

Saying he applauds the humorist for fighting Paramount, Blaustein added: “I hope Mr. Buchwald makes a lot of money off this case.”

Buchwald, while denying taking credit for the screenplay, said he was sympathetic to Blaustein.

“You have a right to feel the way you do,” he told the screenwriter, noting that some news accounts may have been misleading.

In closing arguments, O’Donnell told Schneider that Paramount knows “Coming to America” will never return net profits, even though it is one of the 35 top-grossing films of all time. With this in mind, he joked, the picture should be renamed “From Here to Infinity.”

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