Arts & Entertainment

Forget About It, Judge Tells 'Goodfellas' Actor Alleging 'The Simpsons' Stole his Character

An, actor who lived at the same Sherman Oaks apartment as "The Simpsons" writers, allege they stole the "Goodfellas" character he created.

A judge this week threw out a character actor’s lawsuit against Fox that alleged the character β€œLouie” in β€œThe Simpsons” was wrongfully adapted from the β€œFrankie Carbone” role he had in β€œGoodfellas.”

Los Angeles Superior Court Judge Rita Miller agreed with attorneys for 20th Century Fox Film Corp. that Frank Sivero’s lawsuit infringed on the free- speech rights of the studio and the creators of β€œThe Simpsons.”

β€œEven if Mr. Sivero’s face was on this character, as long as it’s a parody and has certain other characteristics, you can’t win,” Miller told plaintiff’s attorney Alex Herrera.

Find out what's happening in Culver Cityfor free with the latest updates from Patch.

Silvero stated in a lawsuit filed Oct. 21 that in 1989 he lived in an apartment complex in Sherman Oaks and that the writers of β€œThe Simpsons” resided in the same building. One of the writers, James Brooks, knew Sivero created the role of Frankie Carbone, according to the lawsuit.

β€œDuring this time, both writers knew who Sivero was,” the complaint alleged. β€œThey knew he was developing the character he was to play in the movie β€œGoodfellas,’ a movie Sivero did in 1989. In fact, they were aware the entire character of β€œFrankie Carbone” was created and developed by Sivero, who based this character on his own personality.”

Find out what's happening in Culver Cityfor free with the latest updates from Patch.

But attorney Robert Rotstein said the case was a β€œclassic anti-SLAPP situation where the First Amendment applies.”

SLAPP stands for a strategic lawsuit against public participation -- a complaint aimed at censoring or intimidating critics by burdening them with costly litigation.

Rotstein stated in his court papers that β€œLouie” was not based on the Carbone character, but that even if it was, artists β€œhave a right to poke fun at public figures, such as actors and artistic works, such as the films in which (Sivero) has appeared.”

The β€œLouie” character appeared in 16 episodes of β€œThe Simpsons” for the the first time in 1991.

Herrera said he may appeal. His 63-year-old client, who also appeared in β€œThe Godfather” and β€œThe Godfather Part II,” was not in court today.

City News Service; Photos: Youtube screengrabs

Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.