'Studios have a duty not to steal the value of an actor's identity for profit': Dame Olivia de Havilland, 101, calls foul on FX's Feud suggestion that she called her sister a 'b***h'

  • Dame Olivia de Havilland is asserting that studios have 'legal and moral responsibility' to chronicle people's lives with 'integrity'
  • The British-born actress, 101, is suing Ryan Murphy and FX's Feud: Bette and Joan for unfairly portraying her as a foul-mouthed gossip throughout the series 
  • Feud’s producers note in court papers that Dame Olivia dubbed her sister ‘Dragon Lady’ but they considered ‘b***h’ a better option for viewers
  • 'The show was designed to make it look as if I said these things and acted this way,' she said of the show's portrayal
  • She added: 'When one person's rights can be trampled on this way, the rights of others who are more vulnerable can be abused as well'
  • Critics fear it could create a dangerous precedent, stopping film and TV producers from depicting living people without their consent 

Dame Olivia de Havilland is claiming she never publicly referred to sister, Joan Fontaine, as a b***h and that studios have a 'legal and moral responsibility' to chronicle people's lives with 'integrity.'

The British-born actress, 101, is suing Ryan Murphy and FX's Feud: Bette and Joan for unfairly portraying her as a foul-mouthed gossip throughout the series.

'The creators of Feud used my identity without my consent and put false words in my mouth, including having me publicly calling my sister, Joan Fontaine, a 'b***h,' the Gone With the Wind actress said in an email to the Guardian. 

Dame Olivia de Havilland is asserting that studios have 'legal and moral responsibility' to chronicle people's lives with 'integrity.' This comes after she brought forth a lawsuit claiming that she never publicly referred to sister, Joan Fontaine, as a b***h

The British-born actress, 101, is suing Ryan Murphy and FX's Feud: Bette and Joan for unfairly portraying her as a foul-mouthed gossip throughout the series. She was played by Catherine Zeta Jones (pictured) 

The British-born actress, 101, is suing Ryan Murphy and FX's Feud: Bette and Joan for unfairly portraying her as a foul-mouthed gossip throughout the series. She was played by Catherine Zeta Jones (pictured) 

While the show primarily focuses on the life-long feud between Bette Davis and Joan Crawford, Dame Olivia claims that the characterization of her by Catherine Zeta-Jones misses the mark and paints her as a gossip.

Feud’s producers note in court papers that Dame Olivia dubbed her sister ‘Dragon Lady’ but they considered ‘b***h’ would be ‘better understood by a modern audience’.

Murphy insists he portrayed Dame Olivia positively – ‘as a wise, respectful friend and counselor to Bette Davis and a Hollywood icon’. 

But Dame Olivia feels the portrayal comes across very differently. 

Battle is not over: On March 26, a three-judge panel tossed out Olivia's suit on First Amendment grounds over the 'gossipy, vulgar, and false' depiction by Catherine Zeta-Jones (L) in Feud: Bette and Joan last year 

While the show (pictured) primarily focuses on the life-long feud between Bette Davis (Sarandon) and Joan Crawford, Dame Olivia claims that the characterization of her by Catherine Zeta-Jones misses the mark and paints her as a gossip. Feud’s producers note in court papers that Dame Olivia dubbed her sister ‘Dragon Lady’ but they considered ‘bitch’ would be ‘better understood by a modern audience’

Legal war: The dues-paying Academy member's birthday festivities came a couple months after she filed to appeal her defamation lawsuit against FX Networks to the California Supreme Court (pictured in 1942)

Murphy insists he portrayed Dame Olivia positively – ‘as a wise, respectful friend and counsellor to Bette Davis and a Hollywood icon.’ Davis and Dame Olivia in a film still for 'In This Our Life'

'The show was designed to make it look as if I said these things and acted this way. I feel strongly about it because when one person's rights can be trampled on this way, the rights of others who are more vulnerable can be abused as well,' she added. 

The two time Oscar winner had her own very public sibling rivalry with sister, Joan Fontaine. Fontaine was also a legendary actress who was younger than her sister and was often pitted against Dame Olivia by their mother.

The two time Oscar winner had her own very public sibling rivalry with sister, Joan Fontaine

The two time Oscar winner had her own very public sibling rivalry with sister, Joan Fontaine

Dame Olivia was the catalyst for the so-called ‘De Havilland Law’, a landmark 1944 ruling that ended the tight grip studios had on contract actors and was widely seen as the beginning of the end for the old Hollywood studio system.

It came after Dame Olivia sued Warner Brothers in 1943 when the studio extended her seven-year contract, to account for time she had spent on ‘suspension’ for rejecting roles that executives wanted her to play. 

For her suit almost eight decades later, the California Court of Appeals is scheduled to rule on if the lawsuit will proceed, later this month. 

But critics fear it could create a dangerous precedent, stopping film and TV producers from depicting living people without their consent. 

Stories based on true events could be in jeopardy as they would require permission, creating 'a fundamental threat to public discourse, history, art, and even to democracy as public figures could censor disagreeable portraits,' claims Jennifer Rothman, a professor at Loyola University.

Fontaine was also a legendary actress who was younger than her sister and was often pitted against Dame Olivia by their mother

Fontaine was also a legendary actress who was younger than her sister and was often pitted against Dame Olivia by their mother

But the 'queen of radiant calm' feels differently, adding that the sentiment 'mischaracterises her case' and takes away from the responsibility of the studios that put forth these projects.   

'I have spent a good portion of my life defending the film industry,' she said.

'However, studios, which choose to chronicle the lives of real people, have a legal and moral responsibility to do so with integrity. They have a duty not to steal the value of an actor's identity for profit. 

'I am fortunate to be able to be the standard bearer for other celebrities, who may not be in a position to speak out for themselves under similar circumstances.'

 

 

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