The family of the late actor Donald Sutherland is embroiled in a legal battle with his book's publisher over the release of his memoir, which has been described as "utterly unpredictable." Penguin Random House has filed a lawsuit against McNichol Pictures Inc., a company founded by Sutherland, demanding the return of a $400,000 advance after the family reportedly blocked the book's completion following the actor's death.
Sutherland, known for iconic roles in films like M*A*S*H and The Hunger Games, passed away from prostate cancer on June 20, 2024, at his home in Miami. Before his death, a draft of the memoir, titled Made Up, But Still True, was submitted to Crown Publishing Group, a subsidiary of Penguin Random House, according to court documents filed in Manhattan federal court.
The publisher had announced the book with great fanfare in a March 27, 2024, press release, touting it as "the long-awaited, bracingly candid, and utterly unpredictable personal story of movie legend Donald Sutherland." The release highlighted Sutherland's "deep passion for acting, his intense journey through success and loss, and every wild story in between."
As one of the most enduring actors in Hollywood, Donald Sutherland has made an indelible mark on the industry since his life-changing role in ‘M*A*S*H’ catapulted him into the public eye nearly sixty years ago. With his raw honesty and wicked sense of humor, the renowned actor chronicles his life in this generation-defining book, cataloging with powerful detail his far too many brushes with death, his loving relationship with his parents, and behind-the-scenes stories of the movies he’s starred in, including ‘M*A*S*H,’ ‘Klute,’ ‘Kelly’s Heroes,’ ‘Don’t Look Now,’ ‘Ordinary People,’ ‘JFK,’ ‘The Eye of the Needle,’ ‘Fellini’s Casanova,’ ‘1900,’ ‘The Hunger Games,’ and more.
The press release even teased personal anecdotes, such as the story of Sutherland's deflowering at age 16, noting that "she was twice his age and they had a wonderful time." Originally slated for release in November 2024, the book was positioned as a comprehensive look at Sutherland's career, which spanned over six decades and included more than 200 film and television credits.
According to the lawsuit, after Sutherland's death, his estate informed Crown of unspecified issues with the memoir. The publisher attempted to resolve the matter by sending a revised draft "to facilitate completion," but McNichol Pictures and the family allegedly failed to provide a "complete, acceptable manuscript." In July 2024, Penguin Random House demanded the return of the $400,000 advance, which McNichol has refused, the suit claims.
McNichol Pictures, founded by Sutherland in Florida in 2012, did not respond to requests for comment on the lawsuit, as reported by the New York Post. The company's role in the memoir's production remains central to the dispute, with the publisher accusing it of breach of contract for not delivering the final product.
Sutherland's family, including his son Kiefer Sutherland, has not publicly detailed their objections to the memoir. The actor's estate, estimated at $60 million, is being managed by unspecified parties, and it remains unclear who is making decisions regarding the book's content. The release date has now been postponed to 2026, leaving fans and the publishing world in limbo.
To provide context, Sutherland's career began in the 1960s, but it was his role as Hawkeye Pierce in the 1970 film M*A*S*H that launched him to stardom. He went on to star in acclaimed films such as Klute opposite Jane Fonda, Ordinary People, which won multiple Academy Awards, and later in his career, as the tyrannical President Snow in the Hunger Games franchise. His work with directors like Federico Fellini in Fellini’s Casanova and Bernardo Bertolucci in 1900 showcased his versatility across genres.
One of the more controversial aspects of Sutherland's filmography mentioned in connection with the memoir is the 1973 horror film Don’t Look Now, where he shared a graphic sex scene with Julie Christie. The scene earned the movie an X rating in the UK and sparked persistent rumors that it was unsimulated. Former Variety editor Peter Bart, who was a Paramount executive at the time, claimed in his book Infamous Players: A Tale of Movies, the Mob, (and Sex) that he witnessed the filming and saw Sutherland's penis penetrating Christie.
Bart's account also alleged that Warren Beatty, Christie's boyfriend then, flew to Los Angeles in a fury and demanded the scene be cut. However, Sutherland consistently denied these claims, as did the film's producers, maintaining that the scene was simulated. These rumors have lingered for decades, adding a layer of intrigue to any potential revelations in the memoir.
The lawsuit highlights broader tensions that can arise in posthumous publications, where family members may seek to protect a loved one's legacy or privacy. In this case, the family's unspecified issues have halted what was anticipated to be a candid recounting of Sutherland's life, including his "far too many brushes with death" and personal relationships.
Publishing industry experts note that such disputes are not uncommon. For instance, similar legal battles have occurred over memoirs by figures like Prince, whose unfinished autobiography led to negotiations between his estate and publishers after his 2016 death. Here, Penguin Random House's suit seeks not only the advance but potentially damages, underscoring the financial stakes involved.
As the case proceeds in Manhattan federal court, it could set precedents for how estates handle unfinished works. The broader implications touch on artistic freedom versus familial control, especially for a figure like Sutherland, whose career influenced generations of actors and filmmakers. Fans eager for insights into his roles in films like JFK and The Eye of the Needle may have to wait longer, with the book's fate now in the hands of the judiciary.
Looking ahead, if the lawsuit is resolved in the publisher's favor, a revised version of Made Up, But Still True could still see the light of day in 2026. Until then, the details of Sutherland's "wild stories" remain locked away, a final unpredictable twist in the life of one of Hollywood's most enigmatic stars.