Killed off too soon? Walking Dead creator Frank Darabont sues AMC claiming he was unfairly fired and deprived of 'tens of millions of dollars'

By Chelsea White

PUBLISHED: 22:39 EST, 17 December 2013 | UPDATED: 06:22 EST, 18 December 2013

It is one of the biggest hits in recent television history but according the the network behind Walking Dead, it is a financial black hole.

In a new lawsuit filed on Tuesday in New York, the horror hit's creator claims he has been duped out of millions of dollars and was unfairly fired from the show he helped bring to the screen.

Frank Darabont, along with his agents art CAA, are suing AMC, claiming it used an 'outrageous and improper formula' to determine profits making the show in the red, despite being hugely successful.

In the courts: The man behind the Walking Dead, Fran Darabont, right pictured with stars (L-R) Steven Yeun and Jon Bernthal in 201, is suing its network AMC claiming they owe him 'tens of millions of dollars'

In the courts: The man behind the Walking Dead, Frank Darabont, pictured with stars (L-R) Steven Yeun and Jon Bernthal in 2011, is suing its network AMC claiming they owe him 'tens of millions of dollars'

Frank - who was crucial in developing the graphic novel into a television series - gets paid out of the show's profits, problem is, AMC claims the zombie hit is in the hole to the tune of $49 million.

But the lawsuit says the creator and his agents smell a mathematical rat.

When the 54-year-old Academy Award nominee bought AMC the show in 2009, the network was going to have a third party produce the show, but then later decided to do it in-house.

While to an industry outsider that sounds great, it meant AMC set the licensing fee for each episode - $1.45 million - which is claimed to be as 'self-dealing'.

According to the suit: 'The sole goal of this sham transaction is to enhance the profits of the parent company by minimizing the revenues that go into the pool of funds for the show's profit participants.

Questing the maths: The show is one of the most popular on television but the lawsuit claims AMC is using a flawed formula that ensures Frank does not get paid

Questing the maths: The show is one of the most popular on television but the lawsuit claims AMC is using a flawed formula that ensures Frank does not get paid

'AMC has taken this abusive practice to new heights with plaintiff Frank Darabont.'

The lawsuit goes further to claim that those involved may never get paid, 'because of AMC's outrageous and improper formula, the profits pool in which the Plainftiffs participate may always be in deficit no matter how long-running and successful the series is.'

According to the lawsuit, this was a 'sham imputed license fee formula' done to 'ensure Plaintiffs never see that first dollar.'

'Darabont is being deprived of tens of millions of dollars of profits despite delivering AMC the most popular show on all of television and the most popular show in the history of cable.'

From drawing to screen: The show is now in its fourth season and the Academy Award nominee was crucial in developing the graphic novel into a television series

From drawing to screen: The show is now in its fourth season and the Academy Award nominee was crucial in developing the graphic novel into a television series

The lawsuit also alleges that Frank should be entitled to a share in the profits from the Talking Dead - a talk showed aired after the programme each week - and from a planned spin off.

The director of classics like Shawshank Redemption and The Green Mile is further claiming he was fired unfairly to ensure he could not get his share of the profits, which should have increased as the show's popularity did.

According to the suit, the 54-year-old industry veteran was promised an executive producer title for the life of the show, but all that changed as he was fired just a few weeks after production started on the second season and a few months after AMC negotiated his role for Season 2 and 3 - which included a pay rise.

Frank's lawyer Dale Kinsella told THR on Tuesday that it was not just his client being affected by the network's behaviour, but fans as well.

She told the website: 'AMC’s conduct toward Frank to date has been nothing short of atrocious.

'Unfortunately, the fans of The Walking Dead have suffered as well by being deprived of his creative talent.'

When contact by the MailOnline, AMC declined to comment on the lawsuit.

The Walking Dead, now in its fourth season, is the jewel in AMC's crown.

Its season premiere on October, according to AMC's own press release, was watched by 16.1 million total viewers. And over 10 million of those were from the coveted 18-49 demographic making it the number one show for adults, 'outperforming all programs including primetime NFL football'.

At the time president of AMC Charlie Collier said: 'We could not be more proud of this show and everyone on both sides of the camera who work so hard to give life to this story of character, leadership and survival ... thanks to them, the dead have never been more alive.'

Blindsided: The 54-year-old claims he was unfairly fired without being told a reason only days after promoting the series at the 2011 Comic-Con, where he is pictured here with star Andrew Lincoln

Blindsided: The 54-year-old claims he was unfairly fired without being told a reason only days after promoting the series at the 2011 Comic-Con, where he is pictured here with star Andrew Lincoln



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The show has steadily declined each season since Frank was fired. Bring him back and pay him whatever he wants!!

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He can earn a nice wed of cash on the side by doin greg wallace master chef impressions. "Zombies dont get tougher than this!"

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In my opinion, the first three episodes of season 1 were outstanding. after that...while it has certainly gotten better in the last few seasons, the middle few were absolutely atrocious. I have to admit I am glad I started watching it again

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If Darabont wins, then expect not many more seasons of The Walking Dead. It's probably coming to the end of the road as it is, in terms of ideas and the direction it's going.

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well it's based on a comic which is still wildly popular and ongoing...

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Oh well Pooh, If I had known we could sue for being fired I'd sue one of my old bosses for all the tens of hundreds *I* could have made. :-)

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Darabont is a creep.

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Why?

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dmfan, Waihi, New Zealand, 3 hours ago my kids want to know where all the zombie dogs and cats are that would have eaten their owners because they wouldn't be fed or been turned into zombies because their owners bit them Animals are not affected by the virus, do you even watch the show ?????

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Animals are not affected, do you even watch the show ??????

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The best program ever...Pay him every penny he deserves..

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'Licencing agreement' ...this sound like one of the many if the tax loopholes being currently used by a few US multinationals to avoid paying tax in the uk

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