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EXCLUSIVE: I’ve obtained a shocking official ABC Studios memo written by EVP Howard Davine to showrunners and executive producers with deals there. Those who’ve seen it are shaking their heads in disbelief. “I’m stunned that they would have done this,” one insider tells me. “I can’t believe they actually put this down on paper.” That’s because the memo blesses anyone who brings foreign formats to ABC Studios first so that the studio can steal the idea without paying the fat licensing fees that would accompany an up-and-up deal. Obviously, ABC Studios doesn’t want to repeat what happened with a show like Ugly Betty, which is the American version of the Latin telenovela. This now proves they would rather just rip it off.
Here’s the memo:
Editor-in-Chief Nikki Finke - tip her here.
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first, how is a studio memo a network blueprint?
second, would someone please tell me what’s so exceptional about this? doesn’t it simply explain the legal need to differentiate between an inspirational source and a direct influence?
regarding ugly betty, besides the fact that they use the title, the logline “ugly girl works in fashion industry” would raise a red flag to any US rights holder ready for a suit. its sister show, the office, is a more relevant example as a workplace sitcom isn’t a unique pitch (except with its style, which again would raise a red flag).
no need to fear-monger, nikki
First rule of crime: DON’T GO AROUND MAKING EVIDENCE AGAINST YOURSELF!
If this memo is accurate and I was the CEO of ABC/Disney, that fellow would be fired, possibly out of a cannon at the Pirates of the Caribbean ride.
It leaves the company wide open to possibly gazillions in litigation from any foreign network with a show that even remotely resembles an ABC production. All they have to do is wave around this memo because it’s practically a confession.
And no doubt anyone with an unsold pilot with a passing resemblance to running ABC shows can probably also jump on the litigation bandwagon.
This behaviour is not only unethical, but writing it down as a memo passed all over town is damn stupid.
“An unnecessary layer to the creative process”? If that’s their reasoning, they should fire the majority of their executives, too.
Hahaha! What a pack of weasels!
Why don’t they just do what they used to do in the 1960s — and just run *the original series*? Secret Agent (Danger Man), The Avengers, The Prisoner — all ran as was.
In fact, if they want to actually RAISE their ratings, they could re-run THOSE series from the 1960s!
Ricky Gervais and Stephen Merchant are pissing their pants laughing.
This is a very informed decision by business affairs. This town is filled with vultures looking to file suit, claiming you stole an idea when you have not. It is not a crime to be inspired by others. It is not neccessary to license rights to show if your plans make your show fundamentally different. Nothing in that memo proposes ripping anyone off, they are simply trying to protect themselves from over-zealous agents and attorneys. Good on ‘em.
Can’t say I’m suprised that TV execs may rip off foreign TV programmes. Let’s face it – this isn’t exactly an unknown in the TV industry.
But I am completely floored that someone at ABC would tell showrunners to rip off non-US shows in writing.
That’s all kinds of stupid.
There I thought that Ugly Betty was a rip off of a German soap called Verliebt in Berlin.
It is set in a fashion house and the lead for a few seasons was a spit for Betty.
You mean that Ben Silverman’s whole career is redundant?
“Verliebt in Berlin” is another version of “Yo soy Betty, la fea,” which is the source for “Ugly Betty.”
You tell people that are not in the biz and they think you’re crazy when you tell them even the big guys rip people off of their ideas. They say stuff like “But their so big and they’re so creative. Why would they have to do that?” I assure them that they do. I know it, I felt it. Ten or more years ago I got burned by a Big Guys wife who wrote her first script, that was produced by the Biggest Guy in town. It was obvious when the movie came out that they pilfered my script. I even had an agent at one of the Big 3 tell me I should sue. I should of, but I did want to sue the Biggest dude in town, and anyway he did steal it it was that Big Novelist/screenwriter Guy’s wife. Looking back I should have. Too late now.
But one of these days, I’m hoping this rip-off’s assistant, or somebody close to her at the time, comes out and tells the truth.
This really just looks like an attempt to avoid the unpleasantness of promises made by producers/showrunners to foreign rightsholders before networks approve everything.
Plain and simple, producers/showrunners should either fund the checks that their mouths write or STFU and pass everything to those who actually do.
This memo could save a lot of legal costs and headaches, but it won’t because producers/showrunners are some of the dumbest business people on Earth.
For example, producers/showrunners will claim that a gently worded memo that basically says their ignorantly impulsive behavior commits/costs money that they don’t even have is, instead, a memo outlining a process for “stealing” shows.
Nikki, your “insider” is clearly a douchebag who runs his/her mouth and commits money that he/she doesn’t have. He/she was probably gently asked to STFU in the past. Now, it’s recommended policy to STFU based on the memo. As per the normal SOP, it’s still not mandatory. Heaven forbid, someone insults one of those producer/showrunner douchebags.
There is nothing remarkable about the memo – except the stupidity of the people who attempted to interpret it differently. They know WTF it says.
It says, “Stop spending our money with your mouth. You want to upfront license some foreign show? You f*?king buy it. Otherwise, STFU and let us look at it first. Don’t try to commit us to something we haven’t even seen.”
Robert,
The German version was a legitimate adaptation of the original Colombian show.
There are versions of Ugly Betty all over the world that were based on the original: Mexico, India, Thailand, Mexico, Spain, Turkey, Israel (their version is fabulous), Russian, even Japan.
So…why the hell go to all the trouble to rip off foreign shows when American writers have a bazillion ideas to sell…oh yeah, you’d have to PAY them. My bad.
This may be bitchy, but check out the typo in the “To:” line. Does this mean that it’s STILL ABC Studios, or is it different enough to be its own ABS Studios? Hmm, let’s ask some showrunners…
This is no big deal. Just a standard memo (and correct legal analysis) pointing out that certain material is not protected by copyright and therefore no need to pay licensing fees. For example, you see the movie Kiss Me Kate and get the idea to do a show about a man trying to “tame” a willful woman and the complications that arise. No need to pay a licensing fee to the Cole Porter estate since he borrowed/used/ripped off the idea from Shakespeare and Shakespeare is in the public domain.
I had friends head in before me to pitch their take on writing assignments. Then when I walked in, the studio exec pitched my friends’ ideas, claiming they where his.
Friends also heard my ideas coughed up by “creatives” studio execs.
Same old, same old.
Slimes.
Maybe ABC wouldn’t have to write a memo asking us writers not to bring them actual foreign properties but a “spin” on the foreign properties if they weren’t so GD enamored with foreign properties!
Stop buying the foreign stuff! SHOP AMERICAN WRITERS!!!
“WGA” has it right.
Also, “Harold” has a major axe to grind. Failed showrunner?
We would like to officially call an end to use of the word “douchebag” or its cousin “douche.” It’s past its time, never was witty, and is now only used by mindless parrots who can’t express themselves except by mimicking stupid slang and unleashing an endless torrent of profanity.
Oh, those are war time tactics. During WW2, the studios considered any german film fair game for ripping off and remaking here.
Well, it was war!
This might explain why they told Youtube to take down the video by the producer’s of Spike TV’s “Most Extreme Elimination Challenge” which claimed that ABC’s show “Wipeout” was a ripoff of MXC (people falling mud or water while going through kooky obstacles-comedic commentary, etc..)
this happens all the time. it’s why this town sucks so much. i hope it burns.
“It’s no secret that a conscience can sometimes be a pest
It’s no secret ambition bites the nails of success
Every artist is a cannibal, every poet is a thief
All kill their inspiration and sing about their grief”
From “The Fly” Words and Music by U2
Confusing fiduciary responsibility with artistic responsibility is the downfall of many creative people. Agents buffer or exploit this reality, depending on your POV. Mr. Davine has one interest with this memo, accountability to fiduciary responsibility. He has served notice to the artists/agents who hinder profitability.
Art is not free, someone has to pay for the process and assure its ability to pay for itself. Is this not what our creative community is clamoring for? A better deal and a bigger share of the profits.
Mr. Davine is addressing a situation and saving his company from the loss of income and the grief of irresponsibility that artists are notorious for. He negotiates deals and artists cash the checks (less 10%) that are defined by these deals. Pretty simple if you stop and think. It’s no secret.
I LOVE THIS. YOU ROCK for posting this.
- T
Ideas are not copyrightable, only their expressions are so if someone steals an idea then there is little recourse. The memo explains the difference between being inspired by an idea and general premise versus stealing a rights-controlled property, this is something about which all development people must be vigilant. I see no shock value in the fact that creative people see what works then copy it, this is as old as the business itself.