Lawyers for the Hollywood Foreign Press Association late last night filed a scathing response to dick clark prods. and Red Zone Capital Partners’ motion to dismiss HFPA’s Nov. 17 complaint against the long-time producer of the Golden Globes and its new owner. The 25-page opposition, filed in federal court, hits back at dcp’s argument that the two sides’ agreement allowed it to negotiate a new license deal with NBC. “dcp’s new owners had seized on a six-word sentence fragment and given it a brand new interpretation, completely at odds with the parties’ mutually shared understanding of the entire sentence and contract, dcp’s prior representations, and decades of the parties’ course of conduct,” the new filing reads. The clause in question is part of a 1993 amendment:
HFPA grants to dcp eight (8) additional, consecutive, exclusive, and irrevocable options to acquire the exclusive right to produce a live television broadcast of and to produce on tape of film the Awards for each of the years 1998 through and including 2005, and for any extensions, renewals, substitutions or modifications of the NBC Agreement, and to exploit such productions in all media throughout the world in perpetuity.
“The central problem with Defendants’ argument is that it ignores the rest of that sentence, the parties’ 27 years of dealings, and the plain meaning of the number ‘eight’,” the opposition said. In the Nov. 17 complaint, HFPA accused DCP of hijacking the Golden Globes and secretly negotiating a new deal with NBC behind HFPA’s back.
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