Francis Ford Coppola is hitting the mat with a $15 million defamation lawsuit against Variety, a bit of bad business that’s likely more about the “Godfather” director clearing his name of allegations of misconduct, legal experts tell TheWrap.
The case is unlikely to go to trial, much less succeed, because California is one of the toughest states for libel cases, First Amendment advocates agree. But Coppola’s personal motivations and the media’s severe allergy to disclaimer coverage are likely to lie somewhere in secret. And the settlement could include embarrassing editorial concessions by a company that, over its 118 years, has been known to cosy up to Hollywood rather than break it up.
Coppola filed her lawsuit against Variety and two of its editors in a California civil court last week, alleging that the paper acted negligently and maliciously (key elements of any libel suit) when published his story at the end of JulyThe report, based on two anonymous sources, claims Coppola acted inappropriately with scantily clad extras while filming her new epic Megalopolis in Georgia, and has released blurry video clips of the moment in question.
This report was verified by executive editors Brent Lang and Tatiana Siegel, who received eyewitness testimony at a story in the guardian It was published two months ago. According to a person familiar with the matter, A different story Two days after the videos came through its tip line, the report was vetted by internal and external consultants, and the clips were embedded in the site’s private player, watermarked and ad-supported.
Coppola was furious.
The videos show him socializing, joking around and giving extra shout-outs, but are inconclusive as to whether anything untoward actually happened. He soon sent members of Team Megalopolis to defend him.
First assistant director Mariela Comitini described the atmosphere as “vibrant, professional and positive.” Executive producer Darren Demetre said Coppola greeted the cast on the dance floor to set the mood for the scene with warm hugs and kisses on the faces of the cast and background actors. It was her way of livening up the mood and creating a clubby atmosphere.”
When Coppola responded with a cease-and-desist letter demanding a retraction, Variety doubled down on its report and did not go away. “While we do not comment on active cases, we stand by our journalists,” a spokesperson for parent company Penske Media Corporation told TheWrap late last week.
He’s trying to clear his name. In fact, they were going to start insulting (the 150 people or so) who were… Or is this resigning from Variety, closing the book on this?
Neama Rahmani, President of West Bank Trial Lawyers
For many, the lawsuit goes beyond the basic facts of the matter — whether Coppola had inappropriate contact with any women on his set — and Variety’s shocking decision to shame the 85-year-old film legend.
Coppola lost his wife of nearly 60 years in mid-April while finishing Megalopolis, just weeks before the eponymous film premiered at the Cannes Film Festival. His anxiety over the loss of his wife and partner was popular at the festival, even though the film received good reviews.
As a Hollywood authority, Variety is best known for its business of buying millions of dollars in advertising for its pages, and is not known for the Harvey Weinstein scandal that erupted in the New York Times and The New Yorker.
But the claim was the subject of widespread gossip and commentary over Emmy weekend, as executives and talent speculated about who would be most embarrassed and what would happen next. Weinstein, a #MeToo survivor who spoke to TheWrap, said he disagreed with Variety’s choice to publish the story.
“We need to know the difference between rape and rape and whatever it was,” she said, dismissing the video evidence as something that happened on set.
Variety also described Coppola’s behavior as “unprofessional” and “uncharacteristic” in the photos in question, concluding that she “destroyed” some of the images while chasing extras. In her lawsuit, Coppola said that was not the case.
“There were four cameras filming the above scene, and three were mobile, and the crew changed positions frequently,” the suit states. “At various times, crew members and Coppola were in some shots. It was predictable and unavoidable. That is one of the reasons the shots were edited. Also, Coppola was planned to appear in the scene referenced.”
Variety’s initial story nowhere indicates that anyone has come forward with a viable complaint, and no accuser has come forward with their name. That changed on August 2 when Megalopolis added Lauren Pagone. spoke with variety. Then, last week, she filed a civil suit against Coppola and her affiliates in Atlanta. Pagone’s complaint contains six counts, ranging from civil assault and battery to negligence in preventing sexual harassment and seeking unspecified damages and compensation.
Pagone says she was one of the extras Coppola hugged, kissed and touched without consent during a party scene filmed at Atlanta’s Tabernacle Theatre on Feb. 14, 2023, leaving her “shocked and uncomfortable.” Despite her resistance, she says Coppola harassed her between takes, made sexual comments about her appearance, touched her back and waist, planted wet kisses on her cheek and encouraged her to sit on his lap and “uncle,” she read.
Coppola continues to deny any wrongdoing. In a statement to TheWrap, she praised her “Megalopolis” crew, “for whom I have always had the utmost respect and deepest gratitude.”
“It is devastating to see our collective efforts undermined by false, irresponsible and feckless reporting,” the statement said. “No publication, especially a former industry media outlet, should be allowed to use secret videos and anonymous sources for their own financial gain.”
Despite the heated nature of the dispute, experts agree that a jury trial seems fairly inevitable because neither side really wants to go through the painful, often excruciating, discovery process that Fox News uncovered last April in Delaware.
Neama Rahmani, a trial lawyer, former federal prosecutor and president of West Coast Trial Lawyers, told TheWrap that defamation cases “can be embarrassing for everyone involved.” “Here you’re trying to clear your name. In fact, were they going to start swearing? (the 150 people or so) who were… Or is it to get a disclaimer from Variety, to close the book on this?”
Los Angeles entertainment and employment attorney Kamron Dowlatshahi told TheWrap that Pagone’s lawsuit could delay Coppola’s defamation motion because the outcome would certainly affect her. In theory, she could overcome that hurdle by convincing a California court that it’s ineffective, but that’s an “uphill battle,” Dolatshahi said.
And as this war continues, that hill will only get steeper.
“California is really committed to the First Amendment,” Rahmani said. “That’s why Johnny Depp (who won a defamation case against Amber Heard in 2022) filed a lawsuit in Virginia.”
And a public figure like Coppola has an “extra burden,” Rahmani said. “You have to show malice — not just that the statement was not true, but also knowing that it was not true, or a disregard for the truth. That’s why you see this back and forth: putting (Variety) in advance notice, requesting a takedown.”
The government has suggested that production footage of the scene could become evidence if it appears in any court proceedings.
“I thought there were cameras everywhere,” Dawlatshahi said. “You rarely have evidence like this. Suppose there is a specific moment (Pagone) thinks he was groped, there is a way to prove it with certain cameras, which would be irrelevant to the case.”
Coppola, who self-financed the $120 million budget for “Megalopolis,” which opens in theaters and Imax on Sept. 27, will likely get Variety’s support, lawyers told TheWrap. And that’s probably what he’s ultimately after. While using the lawsuit may be his best option, Variety’s triple report is, at least for now, an immovable object in the way of Coppola’s unstoppable power.
And companies have many layers of protection, Dolatshahi said.
“If the authors of the article (a witness) say that these things happened, it is not negligence,” he said. “Since they are simply obtaining information, they do not necessarily have to prove whether it is true or not.”
Sharon Waxman and Pamela Chelin contributed reporting to this story.
