Details of the Legal Wrangling Behind Tupac’s Biopic

*Several months ago, the planned biopic of slain rapper Tupac Shakur appeared to have fallen victim to a thick mound of legal red tape involving his mother Afeni Shakur-Davis and the film company Morgan Creek.

Upon news last week that the mess had been worked out and the film is now preparing to shoot under director Antoine Fuqua, The Hollywood Reporter has outlined just what it took to finally reach a green light:

The project was long in development at production outfit Morgan Creek, which thought it had struck a deal with Afeni Shakur-Davis, Shakur’s mother. Her Amaru Entertainment label was demanding broad creative approval before handing over the necessary life and music rights.

But in February 2009, Morgan Creek abruptly sued Amaru, claiming Shakur-Davis had closed a deal but “instead attempted to use the contract as a floor to pursue further negotiations.”

Amaru quickly hired Hollywood litigator Skip Miller and countersued, arguing that there was no legally binding agreement and that Morgan Creek and its CEO, James Robinson, were interfering with Shakur-Davis’ negotiations with other studios, including Fox and Paramount. The project then entered litigation purgatory: depositions were taken, lengthy motions were filed, and hundreds of thousands of dollars were spent preparing for a scheduled February 15 trial to determine whether Morgan Creek had the right to make the movie.

Behind the scenes, lawyers for both sides were trying to convince Shakur-Davis — known as being especially protective of her son’s legacy — that a settlement would benefit both sides. Morgan Creek, after all, was one of the few companies willing to make a deal, given her required creative input.
On the eve of the trial, cooler heads prevailed. Sources say Shakur-Davis sat down with director Antoine Fuqua (“Training Day”) and agreed with his vision of the film. A deal was soon negotiated that allows Morgan Creek to make the movie, with Shakur-Davis receiving an undisclosed flat fee, a chunk of any profits and an executive producer credit.

The studio said February 10 that the task of casting Shakur would begin immediately, with a shoot planned for late spring and Universal handling the film’s release.

“This is certainly a better result for everyone involved,” Miller says.