Former NFL player Michael Oher, whose life story was portrayed in the movie “The Blind Side,” has made allegations against the family depicted in the film. According to Oher, the family of Sean and Leigh Anne Tuohy did not adopt him as the movie suggests, but rather manipulated him into signing documents that made them his conservators. Oher claims that as his conservators, the Tuohys have taken away his rights to his name, image, and likeness, as well as millions of dollars that they earned from selling the rights to the book on which the film is based.
Oher filed a petition in Tennessee probate court, seeking to terminate the conservatorship and requesting that the Tuohys forfeit the money they received for using his name and story. He is also asking for a full accounting of all records relating to his finances, as he alleges that the Tuohys have not provided this information to the court, thus breaching their fiduciary duties.
The story begins when Oher, a highly skilled football player, was invited by the Tuohys to live with them during his senior year of high school. The Tuohys presented Oher with legal papers that they claimed were related to the adoption process. However, these documents actually granted the Tuohys “total control” over Oher’s ability to negotiate contracts, despite the fact that he had no disabilities requiring a conservatorship. In 2004, a Tennessee judge appointed the Tuohys as Oher’s conservators, believing that he needed supervision and assistance in making contract decisions. The Tuohys have remained in this role since then. Debbie Branan, a close friend of the family, represented them during the conservatorship proceedings.
Oher argues that he was misled by the Tuohys regarding the extent of their control over his contracts. He claims that they did not inform him that they would have ultimate control over all of his deals, effectively signing away his right to contract for himself. Oher contends that the adoption process was, in reality, an adoption, despite being called a conservatorship due to his age.
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As a result of the conservatorship, Oher lost the ability to handle his own financial and legal matters, rights that he would have maintained if he had been adopted. In 2006, a book titled “The Blind Side: Evolution of the Game,” based on Oher’s life, was published. Following its release, the Tuohys allegedly entered into negotiations with 20th Century Studios to secure personal rights to a movie adaptation of the book. They received $225,000 upfront, as well as 2.5 percent of all future net proceeds from the film, which has grossed over $300 million. Oher claims that he received nothing for his integral role in the creation of this multi-million dollar story.
Oher raises concerns about the involvement of Creative Artists Agency and Debbie Branan in these contracts. The family listed a representative from Creative Artists Agency as their point of contact, while Branan, who represented them during the conservatorship proceedings, is listed as the agent to receive payment notices on behalf of Oher. No comment has been provided by Branan or 20th Century Studios regarding these allegations.
The specific details of the deal between the Tuohys and the production company, Alcon Entertainment, remain unclear. It is unusual for studios and producers to offer participation points on a life rights deal. Oher points to a $200,000 donation made by Alcon Entertainment to the Tuohys’ foundation, Making It Right, which he believes was triggered by an amendment to the contract.
Furthermore, Oher claims that the Tuohys signed away his exclusive right to his name, image, and personal experiences to Fox, without his knowledge or compensation. He suspects that his signature on the document may have been forged.
Oher has expressed his dissatisfaction with the movie in the past, particularly with how it portrayed him as mentally slow. He believes that this depiction negatively impacted his NFL career.
Oher, who grew up in Memphis, Tennessee, was one of 12 children. He was taken into state custody at the age of 10. During his junior year at Briarcrest Christian School, he became a highly sought-after football prospect, receiving scholarship offers from top universities nationwide. He occasionally stayed with the Tuohys during this time.
In the filing, Oher claims that the Tuohys saw him not as a child in need but as a gullible young man whose athletic talent could be exploited for their own benefit. The Tuohys have yet to respond to these allegations.
This case raises important questions about conservatorship and the exploitation of an individual’s story and image for financial gain. It remains to be seen how the court will respond and whether Oher will be able to regain control over his own name, image, and likeness, as well as any financial compensation he may be entitled to.
