Mexican company takes Frida Kahlo’s family to court
Dispute over stage show based on artist’s life | production company claims it paid $12,000 for exclusive rights but discovered “Frida, The Musical” was being prepped for Broadway.
A Mexican production company has accused Frida Kahlo’s family of breaching an exclusive licence to produce a show of the artist’s life and works.
Alejandro Gou Producciones—in a suit filed earlier this month at the Supreme Court of the State of New York—alleged that Familia Kahlo had granted the production company an exclusive licence to produce the show, but was now planning a musical production.
The production company said it had paid $12,000 for the exclusive rights, which are due to expire in 2030.
In July this year, Alejandro Gou Producciones became aware that Familia Kahlo and Valentina Berger (founder and CEO of GO Broadway, a performing arts organisation) were intending to produce “¡Viva La Vida!”. Berger has been named in the suit as a defendant.
The production is advertised as “special peek into the upcoming Broadway musical ‘Frida, The Musical’, about the life of famed artist Frida Kahlo”.
“Defendants, in violation of plaintiffs’ exclusive rights, are producing ‘¡Viva La Vida!’ and ‘Frida, The Musical’ in breach of the agreement, which provides that [laintiffs are the exclusive licensees relating to Ms Khalo, and have the exclusive right to produce live shows and musicals,” said the suit.
Alejandro Gou Producciones further alleged that the defendants employed the same lyricist and musician the production company had employed.
The suit added: “Indeed, together, defendants employed the same lyricist and musician whom plaintiffs had employed, in a bad faith attempt to profit from plaintiffs’ efforts to produce a live show, as it was entitled under the agreement.”
The production company has claimed that “¡Viva La Vida!” has diluted the value of its legitimate production and the defendants use of “exclusive material” from Familia Kahlo has devalued and undermined the purpose of the agreement.
Alejandro Gou Producciones has asked the court to provide injunctive relief, an account of profits, damages, and compensatory damage.
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