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Celebrity Justice
"Passion" Writer Claims He Was Stiffed

Posted Feb 11th 2008 5:10PM by TMZ Staff

The man who wrote the movie "The Passion of the Christ" is suing Mel Gibson, claiming the director short-changed him by saying it would be a small film -- and not the big budget, big bucks flick it turned out to be.
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According to papers filed today in Los Angeles Superior Court, Benedict Fitzgerald claims that Gibson's "personal gift to his faith" was to have a budget in the $4-7 million range -- and there wouldn't be a lot of money in the budget for the writer. He was also told several times by Gibson, he claims, that Gibson didn't plan to make any money from the film.

Instead, according to court documents, the flick cost almost $30 mil and Gibson made a fortune. The film grossed over $600 mil worldwide. Fitzgerald is suing for fraud and asking for damages in excess of $25,000.

Reps for the Mel's production company, Icon Productions, say the suit is "frivolous" and that Fitzgerald was "handsomely compensated."

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1. Mel Gibson is an ass.

Posted at 8:27PM on Feb 11th 2008 by Biker 1957

2. I love Mel Gibson. And this movie was AMAZING. What a gift. This world is so sue happy now-a-days.

Posted at 8:48PM on Feb 11th 2008 by Michelle

3. That's the way movie makers operate. They are sleaze balls.

Posted at 9:01PM on Feb 11th 2008 by jack frost

4. "Passion Of The Christ" was the best S&M film ever to come out. They play it at goth clubs!

Posted at 9:06PM on Feb 11th 2008 by CoolGirl2008

5. Great movie, thanks Mel.

Posted at 9:21PM on Feb 11th 2008 by dreamer

6. Sounds like the "Brokeback Mountain" defense:

Well, if I only knew then how much money the movie would earn, I'd have milked the producers for a lot more.

Expect a settlement.

Posted at 9:50PM on Feb 11th 2008 by Carolyn A-B

7. They can buff this up, but it is simply, an interest agreed upon in the beginning of a film that was not to be well received and ended up exceeding any reasonable expectation of the Gibson empire. He states that he just didn't want it to "destroy his career". This is a truthful indication of his expectations of the film. This writer is attempting to rewirte his original contract to exceed his agreed upon compesation. It is nothing more than that. Sad perhaps that he didnt write in a better clause on profits. But it is obvious ne did not. Gibson wins. A person's zeal for a project does not justify additional profits beyond his contract ones. Pitiful lawsuit.

Posted at 9:39AM on Feb 12th 2008 by Demi

8. If I'm remembering correctly (and if I'm not, I'm sure someone will point it out!!), Mel put up his own personal fortune to make this film after approaching numerous studios over a period of years and being turned down repeatedly. Nobody (even Mel) ever expected the movie to become the phenomenon that it became. To come back now and demand money is just absurd and I hope they make this all go away without paying him a single DIME!

Posted at 12:55PM on Feb 12th 2008 by TXLady

9. If this is true, then it's potentially explosive. It would mean Mel lied to the writer 2 times; first when he said there was no money to pay him, and second when he claimed that he had no intention of making any money on the film. As we all know, Mel made something in the hundreds of millions of dollars in profits; the film had a HUGE budget. So, if that's the case, Mel may owe this guy millions of dollars. He'd be better off just paying the guy a couple of millions dollars just to go away...

Posted at 11:13PM on Feb 11th 2008 by Mel's in deep doodoo

10. Lets see...

The movie in question came out in what, four years ago and now this writer is just now getting around to suing Gibson. While I have no dog in the fight, I do find it a bit strange that now that the writer's strike is for all intents and purposes, over now, I'm sure this writer needs money and needs it bad, ergo the lawsuit.

Pretty strange coincidence if you ask me...

Posted at 10:27PM on Feb 11th 2008 by Thirteenburn

11. On the face of it, it does sound frivolous. It sound like Benedict Fitzgerald is trying to get in Mr. Gibson's pocket, if he can. Mr. Fitzgerald was paid for his work whether or not the film was a success or failure. Would Mr. Gibson sue you if the film was a flop? I doubt it. Settle the writers strike, get a job, and quit whinning, Mr. Fitzgerald.

Posted at 8:11AM on Feb 12th 2008 by Jim Clark

12. This is why we need Tort reform. This suing for no reason is silly, Mel did not know if it was going to make a lot of money.


Got your monthly Mel bashing TMZ? Every month you got to bash him. You can set your clock on it.

Oy Vey!

Posted at 10:56PM on Feb 11th 2008 by Kilmerfan

13. Where's our cut?

Posted at 10:54PM on Feb 11th 2008 by Mark, Matthew, Luke, and John.

14. Writers are not appreciated enough for their contributions: without their stories as the FOUNDATION of film and television, there would be no GOOD film or television! Do you want to watch "reality" tv all day?? Barf-o-rama. And no offense, but I think 'performers' get outrageous salaries and it's about time the BRAINS behind brilliant films/shows make a liveable wage too!! Screenwriters DON'T get paid as much as you might think!!! Not to mention they're lucky if their stories' core elements even survive for five minutes without being revised into some tacky, repetitive cinema slop! Respect the writers, throw them a frickin' bone already, Hollyweird!!!

Posted at 11:03PM on Feb 11th 2008 by hh

15. Hmm, I wonder why the man waited almost four years to take such action. We've only heard one side of the story. Regardless, he, as a co-writer, should be appreciated and paid accordingly. Still, I'd wait to hear the whole issue before drawing conclusions.

Posted at 12:52AM on Feb 12th 2008 by Angelina

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