Swedish-Eritrean filmmaker Binyam Berhane has recently filed a $2 million lawsuit against the producers of the immigration drama “Madame Luna”. The film, directed by Daniel Espinosa, is set in Italy and is inspired by the story of a real-life Eritrean refugee who became a notorious human trafficker between Libya and Italy. Berhane claims that the movie is based on an original story and research that he brought to Momento Film, lead producer David Herdies’ Stockholm-based company, in 2013.
Berhane’s lawsuit also targets Luxembourg-based Hercules Film Fund and Los Angeles-based production company Rhea Films, which joined Momento Film in the production of “Madame Luna”. The lawsuit, filed in L.A. County Superior Court, alleges theft of the project, breach of contract, use of Berhane’s name and likeness without his permission, copyright infringement, and fraud. Berhane’s lawyer, Scott Humphrey, stated that Momento Film had entered into option agreements with Berhane for the Madame Luna project but never exercised these options. Instead, they proceeded to make the film with other partners.
The complaint details how Momento Film and Berhane initially entered into an option agreement in 2013 with the intention of creating a documentary. During the option period, Berhane reimagined the story as a narrative feature film. In 2014, Berhane and Momento Film signed a subsequent option agreement for the narrative feature film. Berhane believed that the project would be developed on a collaborative basis. However, the option agreements expired without Momento Film exercising them.
Theft of Project and Unauthorized Use of Berhane’s Name and Likeness
Berhane received a call from David Herdies of Momento Film in August 2022, informing him for the first time that the project was moving forward with Daniel Espinosa as director. Berhane later discovered that the producers had a screenplay written by Maurizio Braucci, which had “revised” and “replaced” Berhane’s derivative screenplay. During this call, Herdies demanded that Berhane assign all his rights to the story and project. The lawsuit states that the producers had nearly completed the film, which should have been Berhane’s first feature.
The complaint further alleges that the producers continued to use Berhane’s name and image to support the production, including a pitch at the MIA Coproduction market in 2017 and an article in 2022 announcing Espinosa’s involvement. The suit claims that the exploitation of Berhane’s name and likeness, given his direct Eritrean lineage, added credibility to the film. The irony is not lost on Berhane, as the subject matter of the film revolves around the exploitation of individuals of African descent.
Berhane’s lawyer is seeking damages on Berhane’s behalf in excess of $2 million on five causes of action. These include theft of the project, breach of contract, use of Berhane’s name and likeness without permission, copyright infringement, and fraud. The lawsuit aims to enforce Berhane’s legal rights as the undisputed originator of the project and seeks acknowledgment of his creative contributions.
The premiere of “Madame Luna” at the Rotterdam Film Festival this weekend has been overshadowed by the $2 million lawsuit filed by Swedish-Eritrean filmmaker Binyam Berhane. Berhane alleges that the film is based on his original story and research, which he brought to Momento Film in 2013. The lawsuit also alleges breach of contract, theft of the project, and unauthorized use of Berhane’s name and likeness. Berhane’s lawyer is seeking damages and acknowledgment of Berhane’s rights in the project. The outcome of the lawsuit will determine the fate of “Madame Luna” and the recognition of Berhane’s creative contributions.