
UPDATE 12 PM: CBS TV Studios just issued the following statement in response to the lawsuit, “Don Bellisario has no rights to what he is claiming in this suit. The contract is clear, the facts are undeniable and the courts won’t need Naval intelligence to conclude that the case has no merit. We continue to honor all of our obligations to Mr. Bellisario under the actual agreement.”
EXCLUSIVE 10:40 AM: A 20-year successful partnership between a top TV producer and a major studio may end up in court. This morning, JAG and NCIS creator Don Bellisario is filing a breach-of-contract lawsuit against the series’ producer CBS TV Studios over offshoot NCIS: Los Angeles. The complaint, which you can read here, is being filed at Los Angeles Superior Court by Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg.
Bellisario, who was let go from NCIS in 2007 after star Mark Harmon threatened to quit the show, has not been involved in the successful spinoff series which was developed the following year and launched in fall 2009 and has not received a penny from it. The filing aims to rectify that, claiming that under Bellisario’s contracts with CBS TV Studios and its predecessors, Bellisario had a right of “first opportunity” “to participate creatively in economically in the development” of any “new spinoffs, sequels or remakes” of any series he had created for the studio as long as he worked on the original series for the first 2 seasons. The suit claims that CBS denied Bellisario that right as he was never offered to create or be part of NCIS: LA, which was written by Shane Brennan, former No.2 to Bellisario on NCIS who took over the hit series after Bellisario’s ouster at the end of Season 4. “Pursuant to the first opportunity provisions of Plaintiffs’ contracts with CBS, CBS is contractually obligated to compensate Bellisario for NCIS:LA, including a percentage of its profits as well as a certain fixed compensation,” the suit says.
The amount of damages sought is not specified in the complaint but NCIS: LA is estimated to generate more than a billion dollar in revenue for the studio over its run between network license fee, the lucrative off-network syndication deal with USA, which pays $2.3 million per episode for at least 10 seasons, the approximately $1.5 million per episode that international sales bring as well as auxiliary revenues. That means that the compensation, which the complaint claims Bellisario is entitled to, could reach $150 million – $200 million.
Bellisario’s first hit for CBS was the 1980s Magnum P.I., followed by JAG and its spinoff NCIS. “After more than 25 years of creating groundbreaking hit drama series for CBS, including the incredibly successful JAG/NCIS military justice franchise, CBS failed to offer Don Bellisario the opportunity to write or executive produce NCIS:LA, the third installment in the franchise he created,” said Bellisario’s attorney Ron Nessim. “In doing so, CBS breached its contractual obligations to Mr. Bellisario. After unsuccessfully trying to resolve the issue informally with CBS, Mr. Bellisario was compelled to seek resolution in the court system.”
The complaint sheds light on the studio’s arguments for denying Bellisario’s requests for compensation so far. “CBS’ refusal to compensate Bellisario for NCIS:LA is premised upon an unreasonably narrow interpretation of the “first opportunity” provisions of the contracts in question,” the lawsuit says. Such “first opportunity” provisions exist in all of Bellisario’s deals with CBS Studios, including the most recent one signed in 2006, giving him the right to create new series related to the ones he originally conceived. The definition of what type new series are covered under the terms of the deal evolved over time (the first deal in 1992, for instance, excludes so-called “planted” spinoffs). The most recent 2006 deal specifies the projects Bellisario is entitled to get first dibs creating as “a generic spinoff (i.e., a new pilot and/or series in which a continuing central character is one who originally appeared in the pilot on which the original series was directly based), television sequel, prequel or remake or television movie or miniseries based upon such series.” Even if Bellisario does not take part in such new series, he is still entitled to sizable passive payments for them.
While not spelling out exactly what CBS Studios’ objections are, the complaint suggests that the studio doesn’t consider NCIS: LA a spin-off or sequel as stipulated in Bellisario’s deals. “Contrary to CBS’s interpretation, Bellisario has the contractual right to participate in and be compensated for NCIS:LA because it is, among other things, both a sequel to and a spinoff of JAG and NCIS within the meaning of the “first opportunity” rights provisions of Plaintiffs’ contracts with CBS,” the suit says.
NCIS and NCIS: LA, which is commonly referred to as an NCIS spinoff, do share several characters, including that of of the Director of NCIS. They also share the NCIS title, have the same general setting (or “inhabit the same fictional universe” per the complaint), the NCIS Agency, and both mix drama with banter among the members of the team. The complaint claims that CBS’ decision to schedule NCIS: LA after NCIS further underlines the two series’ close affiliation and that NCIS: LA landed its blockbuster off-network deal only 7 episodes into its run because of its close association with the mothership series. The suits also features quotes from Brennan and NCIS: LA stars LL Cool J and Chris O’Donnell about the great similarities between the two series.
The legal dispute raises the question about what exactly constitutes a TV series spinoff as that term has evolved from the old days of traditional offshoots like Frasier. Like Law & Order and CSI, NCIS: LA is more of a franchise spinoff that carries the structure, the look and the feel of the original, something the complaint underscores a number of times.
TV Editor Nellie Andreeva - tip her here.



Don is one of the biggest a-holes in the business, but guess what – he deserves every penny and I hope he gets it.
When you’re right, you’re right!
It’s obvious you don’t know Don Bellisario personally. I have found him to be tough, but giving and extremely fair.
it’s obvious YOU don’t know don. because anyone who has ever met him wouldn’t use ‘fair’ in the same sentence as ‘bellisario’. he is a douche of the highest order. nonetheless, i think cbs has no case and should provide don the money he’s going to need to pay his current wife/future ex-wife. honestly though, choosing who to root for between don and cbs is like choosing between hitler and the devil.
Would CBS NBC consider CSI: Miami or CSI: New York not a spinoff and not pay the creators of the original franchise? Would NBC consider doing the same on any of the multiple versions of Law & Order? Pay the man that’s responsible for creating your hits, not only for JAG, NCIS, NCIS LA but Magnum P.I. as well.
I think–from a purely objective point of view (I watched Magnum P.I., Jag, NCIS, and NCIS: LA)–that Bellasario (even if he is an ass… which I certainly would not know… is entitled to royalties from NCIS: LA. It is undeniable that this show is a spinoff. Even the NCIS actors refer to it that way, and there have already been “crossover” episodes. After earning SO MUCH MONEY, the station/company certainly has a lot of gall to be denying this man after his contribution to their network. What a shame. JMO.
Why wait until now?
A wily old fox.
Waited until everyone signed their lucrative syndication deals – so he would have a financial starting point in his lawsuit.
You’re supposed to wait until the show makes as much money as possible before one sues for as much as money as possible.
CBS doesn’t consider NCIS: LA a spinoff per Bellisario’s contract? I’d love to see how they legally make a case for that. That would probably demonstrate more creativity than you see on most of TV today.
Les: Cut your losses and move on … winning?
I’m sure he has a case but it will be worth every penny to not have him be a part of this creatively. Since he left the original has gotten 100 times better. I’m sure one could argue that if he had his footprint on NCIS LA it may have not made it to air. Glad he was not a part of the spinoff.
I agree the show has gotten much better. I was a huge JAG fan and I watched the first season of NCIS. It was just boring to me. Too much like a CSI. Then I watched the season ending episode about three years ago.I think it was after Bellisario had left. It felt like a whole new show. Since then I have seen every episode and haven’t missed an NCIS LA either. I have since tried to watch older episodes on USA and I can really see the difference with Shane Brennen taking over. This is a much better product now.
You might want to check the other thread…
http://www.deadline.com/2011/04/ncis-men-cbs-tv-studios-inks-deals-with-showrunners-shane-brennan-gary-glasberg/
Shane Brennan had virtually nothing to do with the direction of the show after Don left. Four new writers were hired, and three old ones were brought back. That’s seven new voices. If the show had a different feeling, you might want to start there.
Bellisario wrote the season ending episode and left after season four.
in addition to what was mentioned above i believe that ncis;la was a planted spinoff introduced in ncis. also, will depend on what the seperation deal says regarding moving forward when they replaced don on ncis, did they in fact modify the terms of his existing overall deal. if not, governing industry custom and practice regarding this gives don the edge; cbs loses this one i believe. can you say settlement, and soon???
Now seems as good a time as any. It says right there in black and white that he’s been trying to negotiate informally. I’ve always wondered how DBP felt about the spinoff, especially since all the characters on LA seem to be re-workings of the characters on the original. Looks like CBS isn’t immune from Stupid Major Network Syndrome after all….
I agree Scribbler, MAGNUM PI is a classic as well. Would love to see a Magnum Movie with TS
Isn’t he a multi-millionaire already? And why CBS didn’t include him? It is a spin-off cuz it’s in the title. Way to go, Moonves. Pay the multi-millionaire more millions instead of saving money and creating new damn shows.
What does his financial worth have to do with it? It doesn’t matter if he’s a multi-billionaire. If he’s owed, then he’s owed.
“a generic spinoff (i.e., a new pilot and/or series in which a continuing central character is one who originally appeared in the pilot on which the original series was directly based), television sequel, prequel or remake or television movie or miniseries based upon such series.”
Yeah, if that’s the actual language of the contract, I think CBS is going to have a pretty hard time claiming a show that has the same damn title as the original somehow doesn’t qualify.
It will be interesting to see how this plays out.
Mary Tyler Moore has been the standard definition of a base show with a ‘spin off’ –
1.Valerie harper – the character Rhoda – was given her own show- hence a spin off. 2.Chloris Leachmann, – the occasional Character Phyllis – was given her own show – hence a spin off. 3. Ed Asner – same thing – Lou Grant was a spin off.
The fine line they’re trying to draw is that the appearance of new characters within a show for an episode with the sole purpose of introducing a new show – does not a ‘spin off’ make.
Popularly Laverne and Shirley has been referred to as a ‘spin off’ of Happy Days even though it fits the latter definition and not the example set by the MTM show.
It will be very interesting to finally have the definition made clear by a court of law.
As for DPB – I consider the man to be gifted and talented until his ego overtakes reason. As long as the creator is more important than the creation – he’s fine. Once his shows take on a life and popularity of their own – he’ll ruin them if left alone.
The only way Tom Sellek would stay on was to take over the last year of Magnum. The last two years of JAG were ruined by DPBs ego and it was only Mark Harmon of NCIS’s clout in the industry that finally trumped DPB’s ego.
Does DPB deserve some compensation- maybe – does his ego need the stroking – no.
Ths kinda comes down to semantics, and likely would be easy for Bellasario to prove his case: just go back to any press releases from CBS announcing the show, castings, ratings, etc., as well as transcripts/video of the upfronts. Id imagine CBS referred to it as a spinoff several times.
This is a guy who has made them hundreds of millions if not a few billion at this point. He may be a jerk but he created the parent series with the same title, thats that.
I have a feeling Les’ 57 million dollar bonus set him off.
Not to be pedantic, but I believe the $57M was Les’ total compensation. One person. For one year. Doing one job. 57 Million Dollars.
His bonus was only a mere $20 Million.
Just pay him. He’s 100% right
Bellisario did create the NCIS “universe”, so unfortunately, he does deserve his pay out. He may not have done one single thing in regards to NCIS: LA, but it would never had existed had it not been for his original dream that gave us JAG/NCIS. Yes, he may be one of the biggest jerks in Hollywood, but the man is an undeniable creative genius for dreaming these things up. Certainly no one else has done it!
I agree with Mel,but we need to take it a step further or steps even. Without Bellisario there would have been no Magnum P I, Quantum Leap…..I think there’s another one I may be leaving out then he went on to create Jag (which I loved) then NCIS. I don’t watch NCIS LA never have never will. If Bellisario is such a bad person then how come he created all of those number one shows for CBS and accrued so many fans of these programs. I think he’s a “genius” and that’s all I have to say about that. Just because his heritage is foregin does not make Bellisario foreign. Pay the man his dues. He was born an American, stop trying to “rip” him off.
Even if CBS doesn’t want his creative input, he still gets paid. It’s been over a year since the spinoff was announced. If Bellisario started informal discussions with CBS back then, he certainly did his due diligence to keep this out of court and the press. I’m not a big Bellisario fan of him personally, but he’s 100% in the right.
This is not a planted spin-off like The Reader on Bones. It’s the same universe, the same formula and the same damn name! I really wanna see how CBS is gonna argue this is NOT a spin-off and as the creator of the original show he doesn’t deserve his piece.
paybacks a bitch huh don.
CBS will be writing a check.
The only thing to be determined will be for how much.
NCIS was gold. NCIS is cr@p, and derivative cr@p at that.
LESS (FOR SHAREHOLDERS) MOONVES HAS TO TAKE SEVERAL HUNDRED DOLLARS FROM HIS $55 MILL PACKAGE AND TAKE PR 101. THERE ISN’T A WEEK THAT GOES BY THAT THE “DRECK” DOESN’T HIT THE PRESS WITH LOUSY PR. LOOK HOW HE HANDLED POOR KATIE. HE GIVES HER A LONDON GIG WITH SOME OF MY MONEY. HE’S A CHIP OFF DEDSTONE’S BLOCK. WATTA PAIR
Seriously, CBS needs to keep better tabs on its top shows!
I agree. Look what they did with Criminal Minds. A Top Ten show so let’s start firing actresses for no reason the re-hire them a year later.
Why wait so long to file? Seems he waived his rights by waiting so long. Why not make a fuss when they were planning it? Seems odd to me.
B/c if he made a fuss when it was in the planning stages, there would be no money to be made from it. duh!
Oh boy!
(Stop wasting your time on this boring caa-caa and bring back QUANTUM LEAP, Don!)
I was so waiting for a Quantum Leap reference!
Depending on the statue of limitations, he might still be within his rights to file a lawsuit. And, if he were in informal negotiations, he likely gave CBS as long as he could before filing. We jump on him for waiting, if he didn’t wait we’d jump…there is just no pleasing people anymore. If the language is stated as it is…CBS is in the wrong on this one. I love the original NCIS, can’t get into the LA one though. But let’s realize one thing NCIS: LA would not exist without the creation of NCIS (Bellisario) which wouldn’t exist without JAG (Bellisario). NCIS: LA was introduced in NCIS. Unless CBS changed the argreement upon his departure, jerk or not, Bellisario deserves the money…whether he’s poor or a billionaire.
…”the courts won’t need Naval intelligence to conclude that the case has no merit”..
Oh Snap! They just had to throw the “Naval Intelligence” in there didn’t they. CBS is getting cheeky.
That said, the man deserves a pay.