The Terrifier horror franchise is facing its darkest hour yet – a bruising lawsuit that threatens to rip apart the very fabric of Art the Clown's cult status. The gloves are off as Ruthless Studios takes aim at Dark Age Cinema and Art the Clown LLC, accusing them of copyright and trademark infringement in a battle for control of the creepy clown's rights.
The case centres on the 'Terrifier' films – those gut-wrenching, spine-tingling thrill rides that have captured the hearts (and nightmares) of horror fans worldwide. Ruthless Studios is seeking damages, an accounting of profits, and injunctive relief, while also demanding a declaration that the copyrights for 'Terrifier 2' and the upcoming 'Terrifier 3', as well as any related sequels, video games, merchandise, and other derivative projects, rightfully belong to them. The 2016 original 'Terrifier' film, however, is excluded from this claim.
According to the lawsuit, Damien Leone, the mastermind behind the 'Terrifier' films, allegedly sold his stake in the original short films featuring Art the Clown – including trademarks, copyrights, and sequel rights – to Ruthless Studios for a mere $5,000 (approximately £3,723 at the time). The agreement granted them "the right to produce audiovisual works of all types… and sequels thereto and remakes thereof and all other types of derivative works based thereon," covering "all copyrights, neighbouring rights, trademarks and any and all other ownership and exploitation rights" related to the properties.
Ruthless Studios is adamant that it played a pivotal role in elevating Art the Clown to iconic status within the horror genre. They claim to have financed and produced 'All Hallows' Eve', another feature film showcasing the terrifying antagonist, and spent years promoting the character and securing domestic and international distribution for the feature. An email allegedly sent by Leone references Art's burgeoning fanbase and reads, "Art the Clown was getting big now".
The lawsuit claims that Leone was granted a "one-time" permission to create the first 'Terrifier' film, with Ruthless alleging he acknowledged their ownership rights and sought their consent. However, Ruthless contends they were subsequently excluded when Leone expanded the brand, particularly with merchandising deals surrounding 'Terrifier 2' and 'Terrifier 3'. The company argues that these sequels are "clearly derivative works of, and/or sequels to, the original Terrifier short film", sharing core elements such as characters, themes, story elements, and logo design. The franchise is currently gearing up for a fourth instalment, which Leone has indicated will be the final entry in the series.