Actor Vincent D'Onofrio had claimed the idea to remake 'Swept Away' was his...

A LOS ANGELES judge has refused to block the release of MADONNA‘s new film ‘SWEPT AWAY’ following a court action taken by the man who claims the film was his idea.

The film, directed by Madonna‘s husband Guy Ritchie, will open on Friday (October 9). It is a remake of a 1974 Italian film.

However, actor Vincent D’Onofrio has filed a lawsuit against the couple and producers Sony, saying it was his idea to remake the film with Madonna in the lead, Reuters reports.

He asked a judge to grant a preliminary injunction against the film’s release on Friday unless he was given a producer credit. Although the judge refused his request, D’Onofrio intends to pursue the lawsuit.

“They used his idea and they didn’t want to compensate him,” his lawyer Morris Getzels said.

“Almost every newspaper article about ‘Swept Away’ starts with the question of where did the idea come from to remake this film. And the idea came from my client.”

Getzels said D’Onofrio first approached Lina Wertmuller – who wrote and directed the original – about making the romantic comedy again with Madonna as the star, and Wertmuller “got all excited about it.”

In ‘Swept Away’, Madonna stars as a wealthy US woman who becomes stranded on a Greek island with an Italian fisherman, played by Adriano Giannini.