Botched Release of Sci-Fi Thriller Sparks Lawsuit Over Distribution Deal

After the COVID-19 pandemic hampered its rollout of sci-fi thriller Lumina, Goldove Entertainment opted to handle distribution itself instead of working with a sales agent. Plans included creating dozens of life-sized standees to advertise the movie, conducting a sweepstakes with tens of thousands of dollars in prizes and hiring a company that could get the film into theaters. At the end of the day, it spent roughly $4 million on marketing for a title it hoped to make at least $20 million the opening week.

On Monday, Goldove Entertainment sued distribution partner Wild About Movies, which allegedly lied about the number of theaters that would show the movie, for fraud and breach of contract. The lawsuit, filed in Los Angeles Superior Court, faults the company for the film’s underwhelming box office performance and seeks damages equivalent to its marketing spend.

Wild About Movies chief executive Timothy Nasson denied the accusations and said he plans to countersue for fraud, harassment and libel. He added, “The movie made $23,000 on 200 screens in the first seven days. They’re taking the fact that it bombed, and they’re trying to blame someone.”

Lumina explores an alien abduction and the quest to find the abductee by her fiancé. The movie, which premiered in July alongside Longlegs and Fly Me to the Moon, features a cameo by Eric Roberts and is edited by Academy Award winner Thom Noble, with Gino McKoy as director and screenwriter. It was produced by Goldove, whose executive leadership team is comprised of McKoy and his parents.

Goldove alleges it invested over $4 million to market the movie, based on alleged representations from Wild About Movies that it could secure distribution at over a thousand theaters in prime locations and at favorable showtimes for sustained runs that would give the film a chance to gain momentum by word-of-mouth. Costs included ads on social media, billboards and metro stations in major cities, as well as special promotions and a sweepstakes with a space rover valued at $50,000 from the movie.

According to the lawsuit, the company was told that a minimum of 300 screens at AMC Theatres and 500 screens at Regal and Cinemark were secured.

“In reality, Defendants got the Picture in far fewer theatres than they promised and represented themselves as able to book, and many of those in remote locations, at off times when fewer people go to the theatre and for no more than one or a few days,” the complaint states.

Per their deal, Wild About Movies was to be paid $275,000 if at least 1,500 screens played Lumina its opening weekend, with no fee for less than 750 screens. Nasson says he received a $50,000 payment, though the minimum threshold wasn’t met.

Goldove, whose chief creative officer is McKoy, also claims that Wild About Movies failed to follow through on obligations related to promotional screenings, reports on daily box office reports and marketing strategy. Pointing to the company’s “duplicity, sabotage and ineptitude,” the lawsuit alleges that Lumina “came and went in the proverbial blink of an eye, closing down within a day or a few after opening at virtually all locations.” It faults the distribution partner for having to “scramble to mitigate its damages and obtain alternative distribution for the Picture in an effort to get it to catch on,” adding to the “millions of dollars in damages they already have suffered.”

In response, Nasson says, “Every suggestion and decision made by and from every expert, from NRG to AMC Theatres, Cinemark, Regal Cinemas and everyone in between, was rebuffed.”