There is a new chapter in the five-year legal battle between two producers and NBCUniversal over the hit Syfy franchise Ghost Hunters, which went all the way to the U.S. Supreme Court. The producers, parapsychologist Larry Montz and publicist Daena Smoller, have filed a new breach of implied contract lawsuit against NBCUniversal claiming that Ghost Hunters is based on a concept they originally pitched to the company between 1996 and 2003. Along with NBCU and its cable networks division that includes Syfy, the complaint also names Ghost Hunters executive producer Craig Piligian and star/producer Jason Hawes. (Copy of the lawsuit can be found here.)
The new lawsuit, filed yesterday in Los Angeles Superior Court, comes less than 2 months after the U.S. Supreme Court denied an appeal by NBUniversal to review a lower court ruling that reinstated a complaint by Montz and Smoller alleging that Syfy stole the idea for Ghost Hunters. Montz and Smoller first filed a lawsuit against NBC Universal in 2006. They lost in district court on the issue of copyright, but the case was reinstated after appeal on grounds of implied breach of contract. NBCUniversal, with the backing of the MPAA, argued to the Supreme Court that federal copyright law trumped state contract law. The high court declined to review the appeals court ruling, which allows the suit by Montz against NBCUniversal, Piligian’s Pilgrim Films & Television and other defendants to proceed.
In the new suit, filed by the law firm of Girardi-Keese, Montz and Smoller reiterate their claims that they and their agents, managers, legal counsel and other representatives presented their concepts for a show about paranormal investigators using technology to investigate reports of haunted properties to numerous executives at NBC, Syfy (then Sci-Fi Channel) and other NBC Universal networks as well as people associated with the production company Pilgrim Films and Television.
Montz and Smoller contend the defendants requested detailed information about their concepts including videotapes and written materials. Plaintiffs say in the court papers that they complied with the requests, attended several meetings and discussions with NBC executives and provided additional information on their concepts. Ultimately, the suit says, the NBC defendants informed Montz and Smoller they were not interested in the concepts or programming based on them. However, the suit says, NBC defendants allegedly teamed with Pilgrim Film and TV and proceeded to exploit without authorization the plaintiffs’ “protected work, ideas and concepts” for the show about paranormal investigators.
According to the suit, plaintiffs registered their treatments for the series format with the Writers Guild on January 27, 2000 and on April 14, 2006, 2 years after the premiere of Ghost Hunters. On September 26, 2006, the U.S. Copyright Office registered plaintiffs’ work entitled Ghost Expeditions: Haunted. Concepts cited by the plaintiffs included ideas and material relating to a “reality television program” that featured a team of paranormal investigators led by an expert paranormal investigator conducting field investigations.
The suit says that after eight seasons of Ghost Hunters and several spinoff projects based on plaintiffs’ concepts pitched to the defendants, the defendants have made “millions of dollars” “without compensating or crediting plaintiffs for their concepts as they committed to do.” Montz and Smoller are seeking an injunction against unauthorized uses of any products or series based on their concepts. Additionally they seek restitution, general damages, lost profits, defendants’ profits, a thorough accounting, punitive damages, and plaintiffs’ costs and prejudgment interest. UPDATE: Reached for comment, a rep for Syfy said, “The claims are without merit and we expect to prevail in the litigation.”


Wow, people looking for ghosts! That’s not the kind of idea more than one person could ever possibly come up with.
I always thought they stole the idea from Ghost Adventure…The Travel Channel Show.
Ghost Hunters has been on since 2003 Ghost Adventures since 2008. I don’t Ghost Hunters can steal from a show that was 4-5 years from existing.
Ghost Hunters was on for 2 full years before Ghost Adventurers.
BOO!
Make NBC give the poor people a cut. Then lobotomize any moron that watches this trash. It’s like the first 20 minutes of a Paranormal Activity, but it ends before anything happens. I believe they intend for this to make the show appear realistic. Great. Realistic idiots bumping into each other in the dark and recoiling at poorly rendered sound effects. God damn it. I hate people.
I don’t know why there is 8 GD ghost hunting shows and not a single ghost between them ever in the 5+ years they have been on.
Right. Have you watched it? Take a second and watch it. Then you can criticize if need be. These people help others. So please, educate yourself before you open your mouth.
The only good thing to come from this mess is the South Park spoof.
Montz/Smoller…more people are in your corner than you know.Besides your personal integrity to fight, you found a good law firm to stand by you. Not easy. Most are already in the pockets of the studios. Thank you.
Yes.
The money is in the making. Coulda made the show themselves, it’s all the work; the 99%.
I agree with this. Especially as it relates to an alleged reality show. How can someone just filming the world be stealing something? If two documentarians cover the same subject are they going to end up in court?
IDK about these people and I don’t know how it all came about that someone came up with the idea to film TAPS’ investigations and put them on TV. I know do know TAPS existed as an organization of nonprofit(and still do not charge for investigations although yes they are paid by the network now, as all TV teams are) paranormal investigators for over a decade before they were ever approached to do a TV show.
Marie – They don’t help people, they scam people. The entire show, along with all the other ‘paranormal reality show’s out there, is completely fake. It’s all about profit, and they give the paranormal community a bad name. Perhaps you should educate yourself a little more before opening your mouth
They help by putting people’s minds at ease after they get overly hyped up about what’s happening in their home. I don’t believe in ghosts, either, but some people get really freaked out. What harm are they doing by calming those people’s fears?
Nobody almost catches ghosts better than these guys! And Chris Williams knows how to wear a tank top.
California has favorable laws regarding “breach implied contract” aka Desny claim that include an important element: An agreement to pay for use of the disclosed ideas.
Since unscripted treatments and reality television aren’t covered by WGA regulations and since theft of these concepts is a regular issue within the industry.
So, if they win against NBC and Ghost Hunters, are they going to go after all the Ghost Hunters rip-off shows (Ghost Adventures, Most Haunted, Paranormal State, etc.)? If NBC wins, are THEY going to go after Ghost Adventures? What silly nonsense. These two are the only ones in the entire world to think of doing a ghost hunting show? And remember, TAPS, the organization behind Ghost Hunters, existed long before the show was developed. Case closed.
Amen is all I have to say to this post. I have been watching Ghost Hunters since Season 1. I guess these Montz & Smoller will be dropping a lawsuit against every other paranormal group who has show out. These 2 need to really find a different project to work on. Is the industry that bad that they have to go around suing people?
I love GH I have watched them from the begining when Brian the dork was on it. People neeed to stop complaining just because someone else beat them to the finish line first.
There are several shows out there using investigator/investigators leading a team to investigate places format. I mean, come on. . .Why is “Ghost Hunters” being picked on? Probably it’s because of the “m” word – - money.
it is so easy for somebody to work at a job/start one and start making ends meet/put others to work doing something they enjoy doing for years/ and then some nut comes along and wants all the cake for them selves …………Yes you are right…its the m word. For myself-been there-done that-lost my shirt…and I still like T.A.P.S.
What I want to know is how many different companies did they shop their idea to? I am sure if one said no, they went to another. If they did, did one of the others end up with a ghost hunting show? If so.. Are they going after them next? It is all about greed and money. This is the most popular and probably highest grossing ghost show, which is why they targeted them… Especially if they did shop their idea around… Just saying…
These films have to label themselves as entertainment/fictional. The documentary aspect of these shows is laughable.
I second that!!!
the one comment that I can say after watching ghost hunters from day one is they bring some closure,truth and the answers people need to hear….sometimes it’s something they don’t want to hear, they are truely there to help.
I don’t care!!!! I love Jason and and the crew and I miss grant!!!