Court Setback In Fight For Secret Profit

Sun Herald

Sunday July 27, 2008

By MARK RUSSELL

AUSTRALIAN filmmaker Rhonda Byrne has suffered a setback in her legal fight over the profits from the international bestselling self-help DVD and book The Secret.

Last week a US District Court judge rejected her attempts to have the lawsuit, filed against her by fellow Melbourne filmmaker Drew Heriot, thrown out of court.

Heriot claims he is entitled to half the estimated $US300 million ($313 million) revenue The Secret made in the US because he co-wrote the screenplay and the book.

Byrne wanted the case - now set for trial in Chicago in February - heard in Australia because any payout to Heriot would be significantly less than in the US, where most of the profits have been generated.

She claimed Heriot was a paid employee who directed the film while she created, prepared and wrote the book.

Judge Suzanne Conlon said in her decision that after The Secret was released in March 2006, Heriot asked about unpaid invoices due to his company, Drew Pictures.

The judge said Byrne told him he was "unappreciative of all the opportunities that have been given to you" and that she and her business partner, Chicago businessman Robert Rainone, had "some serious thinking to do".

Byrne's company, TS Production LLC, registered copyright for the book and DVD in the US. Drew Pictures has claimed copyright over the film in the US.

The judge said Heriot alleged he was exploited and that Byrne and Mr Rainone were "unjustly enriched" when they released The Secret in the US. The judge said it was more convenient to hear the case in Chicago.

Heriot said he was pleased with the decision.

Byrne's final hope to have the case heard in Australia now rests with a Federal Court judge in Melbourne. Her lawyers went to court on July 11 seeking an injunction to stop Heriot from proceeding with the case in the US.

The decision has been reserved.

© 2008 Sun Herald

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