Acting or harassment? Stars at odds over out-takes
Actor and director Justin Baldoni has released out-takes from a romantic scene in his film It Ends With Us, which he says is evidence that his co-star Blake Livelyâs allegations of sexual harassment are unfounded.
However, she has responded by saying the footage of the pair filming a slow dance is âdamningâ and corroborates her claims.
The two stars played a couple in the hit film, which came out last year, but have since become embroiled in an increasingly bitter legal battle.
Lively, 37, sued Baldoni, 40, in December, accusing him of engaging in âinappropriate and unwelcome behaviourâ and a smear campaign to âdestroyâ her reputation. He countersued last week, claiming she had made a âduplicitous attempt to destroyâ him.
On Tuesday, Baldoniâs team released almost 10 minutes of behind-the-scenes footage to outlets including the Daily Mail and Variety.
It includes three takes from a scene set in a bar, and starts with a caption saying they âclearly refuteâ Livelyâs allegations of inappropriate behaviour, and show both actors âclearly behaving well within the scope of the scene and with mutual respect and professionalismâ.
Livelyâs lawyers said it showed him ârepeatedly leaning in toward Ms Lively, attempting to kiss her, kissing her forehead, rubbing his face and mouth against her neck, flicking her lip with his thumb, caressing her, telling her how good she smells, and talking with her out of characterâ.
Every moment âwas improvised by Mr Baldoni with no discussion or consent in advance, and no intimacy co-ordinator presentâ, they said.
âAny woman who has been inappropriately touched in the workplace will recognise Ms Livelyâs discomfort.
âThey will recognise her attempts at levity to try to deflect the unwanted touching. No woman should have to take defensive measures to avoid being touched by their employer without their consent.â
Releasing the video was âanother example of an unethical attempt to manipulate the publicâ, they claimed.
Baldoniâs lawyer told the Hollywood Reporter his client was exercising âhis right to publicly defend himself by putting forth actual facts and evidenceâ.
âMs Lively wants very different standards to apply to her but fortunately, truth and authenticity apply to everyone and can never be wrong,â he said.
What did she say about the scene?
Livelyâs lawsuit cited the scene as an example of how Baldoni âignored well-established industry protocols in filming intimate scenes, and exploited the lack of controls on set to behave inappropriatelyâ.
Her legal documents said he wasnât speaking in character and that no sound was recorded.
âAt one point, he leaned forward and slowly dragged his lips from her ear and down her neck as he said, âit smells so good.â
âNone of this was remotely in character, or based on any dialogue in the script, and nothing needed to be said because, again, there was no sound â Mr Baldoni was caressing Ms Lively with his mouth in a way that had nothing to do with their roles.
âWhen Ms Lively later objected to this behaviour, Mr Baldoniâs response was, âIâm not even attracted to you.'â
What did he say about the scene?
His legal documents said Lively was âconsistently unable to take directionâ and that she âinsistedâ she wanted the characters to constantly talk, which he disagreed about.
When he tried to âencourage her to take his direction, Baldoni offered up that he and his wife often just look into each otherâs eyes silently, to which she responded, âLike sociopaths,â and laughed.â
Lively âcontinued arguingâ and âcontinued to break characterâ, which was âextremely confusing for Baldoniâ.
He said Lively apologised for the smell of her spray tan and body make-up. âBaldoni responded, âIt smells good,â and continued acting, slow dancing as he believed his character would with his partner, which requires some amount of physical touching.â
Lively joked about Baldoniâs nose, and that he should get plastic surgery, he said.
âAny suggestion that this scene was filmed in any manner other than pure professionalism by Baldoni is unequivocally countered with actual evidence,â his documents added.
âHer allegation of sexual harassment is a documented and knowingly fabricated lie.â
What does the video show?
Lively and Baldoni, who was also the filmâs director, are slow dancing in a bar and their audio was recorded. After an initial exchange in which she questions whether they are in the correct position, they dance and smile silently.
He kisses her forehead then goes to kiss her on the lips before she apparently hesitates and they continue dancing. She then seems to turn her head with their faces close together and he kisses her cheek.
She tells him: âI think we should be talking. I think itâs more romantic if weâre like⊠dancing and talking.â He agrees and says âthe whole montage is us talkingâ.
She continues: âCause itâs like the moment they kiss, then you give them the thing that they want to see.â
He replies: âThatâs why almost kissing is also good.â She responds: âYeah. But weâre still talking.â
They continue dancing affectionately, laughing and discussing the scene. He nuzzles her neck. She tells him talking is âmore romanticâ. He says he âjust got lostâ and thereâs âno issue with talking most of the timeâ because viewers will ânever know [whatâs being said] in slow motionâ.
He tells her âI know you and Ryan [Reynolds, her husband] talk all the timeâ, but he and his wife Emily like to stare at each other, joking that âyou would find it terrifyingâ. She laughs and jokes that âIâd be like, âOh no I found a sociopath'â.
He asks the camera operator to film their lips âsuper closeâ, to which she agrees but adds that they should âstart talkingâ and âdonât give it [the kiss] to themâ. He agrees they should âkeep restraintâ.
They keep dancing with their foreheads and noses touching, upon which she starts laughing because she feels âso noseyâ. He jokes that âmy nose is so bigâ and she laughs that the film would have to âshut downâ and âdeal with thatâ, adding: âJust kidding.â
In the next take, he appears to kiss her neck then says âAm I getting beard on you today?â She laughs and responds: âIâm probably getting spray tan on you.â He nuzzles the other side of her neck and says: âIt smells goodâ. She adds: âWell, itâs not that, itâs my body make-upâ. They continue dancing and he shouts cut.
A third take shows their feet and bodies as they dance. The opening caption says âthese are all three takes filmed of the sequenceâ.