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Fear the Walking Dead co-creator Dave Erickson has recently filed a lawsuit against AMC Networks. The legal action was held on Wednesday in a California state court. Erickson claims he has not gotten his share of profits from the zombie spinoff shows.
The lawsuit marks the seventh attempt by a producer from The Walking Dead franchise to take legal action against AMC in the past twelve years. The cases all involve the same accusations of accounting practices that reportedly stop profit participants from getting their rightful payments.
Erickson was the co-creator of Fear the Walking Dead along with Robert Kirkman. Robert Kirkman is the creator of the original comic series. He served as the showrunner for the first three seasons. The show premiered to impressive audience numbers and became one of AMC's most popular series during its initial run.
The core of the legal dispute around Fear the Walking Dead
The lawsuit centers on Erickson's profit inclusion agreement with AMC. He claims he has received nothing despite the success of the series. Other participants have reportedly gotten their share from the profits.
According to the complaint, AMC states the series currently has a $185 million deficit, and the deficit makes it nearly impossible for Erickson to get any backend payments. He was promised 5% of the improved adjusted gross receipts from Fear the Walking Dead under his overall agreement with the network.
The lawsuit alleges AMC failed to provide the profit until years after he signed his contract. His representatives were assured he would get the same terms as other profit participants.
Allegations of unfair treatment
The complaint describes the situation as intentional misconduct by AMC. The lawyers supporting Erickson state that he has been given what they call
"the worst possible definition for a hit show in the history of television."
The lawsuit claims AMC acts as both distributor and producer of the show. This dual role allegedly creates chaos and conflict of interest. The network can charge fees to its own series through various affiliates. These charges reportedly reduce the profits available for distribution.
The lawsuit states,
"When a vertically integrated conglomerate like AMC both produces a series and licenses it to its various affiliates, domestic and international, cable and streaming, concerns about improper self-dealing abound."
Pattern of similar lawsuits
Fear the Walking Dead is not the first Walking Dead installment to encounter legal battles over profits. The original creator of the show, Frank Darabont, filed a similar lawsuit in 2013, and his case was eventually settled for $200 million many years later. Kirkman and four other producers filed their own suit a few years later.
That case remains pending in federal court after being refiled. Erickson becomes the latest in this series of legal issues. According to the new lawsuit, around $49 million in profit participation payments have been distributed to other backend participants. A 2021 statement indicated that $14 million had been paid out to other producers, while Erickson received nothing.
The response of AMC
AMC has denied all allegations made in the lawsuit. The company's legal attorney, Orin Synder, provided a statement protecting the position of the network. He said,
"We are confident it will fail, just like the last one. The contracts here were negotiated by the most experienced and sophisticated legal talent in Hollywood, and AMC has fully paid what is owed. This is simply another crass money grab."
The network continues to claim it has fulfilled all contractual duties and obligations to Erickson. AMC argues that the contract was negotiated well with experienced legal representatives on all sides.
Also See: When does Nick die in Fear the Walking Dead? Details from the post-apocalyptic drama, revisited
The Show's success story
Fear the Walking Dead was released in 2015 to 10.1 million viewers. The series ran for eight seasons before concluding in 2023. The three seasons with Erickson at the helm recorded the highest viewership numbers.
His lawyers argue that this win should have resulted in crucial profit payments. The lawsuit recommends that Erickson expected his work on the show to provide long-term financial benefits. His representatives have the same law firm that successfully represented Darabont in his lawsuit against AMC.
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This legal battle sheds light on the ongoing tensions between networks and creative talent over profit distribution in the entertainment industry.
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