Spike Lee Sued to Halt King Tape Use : Movies: George Holliday cites rights infringement and misrepresentation by the ‘Malcolm X’ director.

The plumber who videotaped the March, 1991, beating of Rodney G. King, is seeking a court order to prevent filmmaker Spike Lee from using the tape in his movie “Malcolm X,” saying its inclusion in a “highly inflammatory montage sequence” could spark further rioting.

In court papers filed Thursday in U.S. District Court, George Holliday also accused Lee of knowingly appropriating the copyrighted tape sequence without a licensing agreement and of deliberately misleading him as to how the material was to be used.

In “Malcolm X,” scheduled to open Nov. 20, the King footage is seen after an American flag explodes in flame, forming the letter “X.” Lee, who could not be reached Friday, has said he obtained rights to Holliday’s tape. A hearing on Holliday’s motion for a preliminary injunction is set for Oct. 13.

Expressing fears for his own safety, Holliday said in court documents that he has already been subjected to numerous threats because of his tape and could be harmed further by the implication “that he has endorsed the film, its messages or philosophy” or the beliefs of Malcolm X.

Holliday said he was initially willing to allow Lee a non-exclusive right to use his tape after the director sent him the script for a scene from the film. But the negotiations stalled last May because Lee demanded exclusivity, according to Holliday’s attorney, Ronald W. Grigg.

Grigg said Lee “misled” his client by sending him a “peaceful” scene of a fourth-grade classroom that was not representative of the film as a whole. Holliday learned of the opening montage from recent news reports.

In the court documents, Holliday contends that Lee continued to conduct negotiations for the rights to the film even after being told that the parties he was talking to were no longer representing the plumber. “Defendant Lee knew any license granted by either . . . would be, and is, invalid,” the complaint states.

‘Malcolm X” producer Marvin Worth was unavailable Friday. “We have no comment at this time,” said Charlotte Kandel, spokeswoman for Warner Bros., the film’s distributor.

Also pending is another federal lawsuit in which Holliday contends that several broadcasting companies made unauthorized use of his videotape. The plumber, who was paid $500 for the tape by KTLA, said the station was authorized only to use the tape on its evening news program, not to give it to other stations.

KTLA has denied making any such agreement.