Expect an uneventful week in this continuing story as both sides' pitbull lawyers have taken over the process right now. Meanwhile, a lot of other agencies are telling me they're already starting to feel the benefits of the tenpercentery shakeup by beginning talks with agents who may not make the cut at both WMA and Endeavor. But also look for some of those reps to band together and start their own agencies.
Harvey Weinstein Kisses Jeff Zucker's Ass (While Handing Over "Tons Of Millions of Dollars" To NBC-Uni); Lawsuit Settled; 'Project Runway' Can Proceed On Lifetime
UPDATED: Lifetime can go forward with its version of Project Runway after NBC Universal went to court to stop The Weinstein Company from moving the show from Bravo. Now there's a settlement. But let's call it what it really is: a complete surrender by money-challenged Harvey Weinstein. I'm told that "tons of millions of dollars" were paid by Harv to Jeff Zucker's fiefdom -- not just NBC-Uni legal fees, a claim Weinstein is trying to peddle to the media. The fact is that NBC Universal won every round of this lawsuit, and it even says so in the statement of congratulations from Harvey. (Did they have him strapped down at the time for waterboarding?) As for Lifetime, I hear it's getting a revamped show that's not as good as the Bravo original. And Lifetime can't even put it on the air until late summer. By then, it's going to be Project Who?
Look at these laugh riot statements:
NBC Universal said today: "NBC Universal, The Weinstein Company and Lifetime have resolved their disputes. The Weinstein Company will pay NBCU for the right to move Project Runway to Lifetime. All of the parties are pleased with the outcome.
Harvey Weinstein added, "I want to personally congratulate Jeff Zucker and NBCU on their success in the litigation and thank Jeff for resolving this in a professional manner. We look forward to working together on our ongoing projects.”
Andrea ... Read More »
Creative Coalition To Speak To Congress
Tomorrow morning, actor Tim Daly, Co-President of The Creative Coalition, will testify before the U.S. House Education and Labor Committee on the positive impact that the entertainment and arts communities have on the nation’s economy. Daly’s testimony will "focus on arts and entertainment as vital business enterprises which play an essential role in creating jobs across America".
Big Boys Fighting Over Their Toys...
News reports say Discovery Communications has filed a lawsuit alleging that Amazon's Kindle infringes on a patent held by the Big Media company.
Harlan Ellison Sues CBS-Paramount, WGA
Professional curmudgeon Harlan Ellison is suing CBS-Paramount in connection with his famed teleplay for the original Star Trek episode, "City on the Edge of Forever", 42 years after its original airing. He's alleging the Big Media company allegedly has failed to pay him for the merchandising, publishing, and other exploitations of his work from inception to present day. The suit filed Friday in U.S. District Court for the Central District of California also names the Writers Guild of America -- despite Ellison being a 47-year member and twice on its board of directors -- and accuses the guild of failing to act on Ellison’s behalf after numerous requests. You may recall Ellison’s episode because it starred Joan Collins as salvation sister Edith Keeler, the woman Captain Kirk loved and then watched die, andis often ranked among “100 Greatest Television Episodes of All Time”. Also according to Ellison's complaint, CBS-Paramount will not send statements or admit anything is owed.
Latest Pellicano Scandal Rogue Sentenced
This time, it's Kevin Kachikian, the computer guy who developed the Telesleuth wiretapping program with Pellicano. Federal Judge Dale Fischer sentenced him to 27 months. He is free on $100,000 bail pending an appeal.
DeNiro & Pacino Co-Starring In Lawsuit
News reports say Robert DeNiro and Al Pacino have teamed up in a lawsuit against a movie distributor and a watch company they say used their names, voices, and likenesses without permission. The actors said in the lawsuit filed in U.S. District Court in Manhattan this week that they never authorized a commercial tie-in between Tutima watches and Overture Films, the distributor of their recently released pic Righteous Kill. "Had their permission been sought, both De Niro and Pacino would have flatly refused," the lawsuit said, stressing that De Niro has only commercially endorsed a product or service in the United States under very "specific and compelling circumstances" while Pacino in his career has never commercially endorsed any product or service in the United States. All actors no matter how famous have automatic protections in the standard SAG contracts against precisely this sort of thing. Yet the AMPTP's proposed SAG contract seeks to remove those protections and not seek anybody's consent for reuse of their clips and likeness. The AMPTP also is demanding that there be no prior notification of a sponsor's involvement or request to plug a product within a scene.
Pellicano Scandal: 3 More Sentenced
Federal Judge Dale Fischer sentenced ex-LAPD cop Mark Arneson, who got paid by Pellicano to run names illegally through law enforcement computers, to 121 months or 10 years in prison. And Ray Turner, the ex-Pacific Bell technician who helped Pellicano establish wiretaps, also was sentenced to the same jail term. Abner Nicherie, who hired Pellicano to wiretap a business adversary, was sentenced this afternoon to a 21-month prison term. Kevin Kachikian, the computer whiz who helped Pellicano develop the Telesleuth program will be sentenced on March 9th. Arneson and Turner were immediately handcuffed and hauled away. Hollywood producer Chuck Roven's victim letter was submitted today to the court prior to sentencing. In, it, he talks about dealing with the invasion of privacy after learning his conversations with his family, friends and business associates were listened in on by John McTiernan and Pellicano. U.S. prosecutors Dan Saunders and Kevin Lally are readying to indict McTiernan again.
PELLICANO SCANDAL: Director John McTiernan To Be Indicted Anew After Withdrawing His Guilty Plea To Perjury
News reports say federal Judge Dale Fischer on Monday allowed the Die Hard and Hunt For Red October helmer John McTiernan to withdraw his guilty plea to lying to the FBI about the Pellicano scandal that involved Hollywood wiretapping. Immediately, assistant U.S. Attorney Dan Saunders, who prosecuted the Pellicano cases, said at the hearing that a new indictment against McTiernan would be forthcoming. A March 23rd hearing is set. The 58-year-old director requested the plea withdrawal on grounds he had inadequate legal representation and was jet-lagged and under the influence of alcohol when he agreed to it back in 2006. The charge of perjury against him claimed he paid Pellicano to illegally wiretap film producer Charles Roven over 2002's Rollerball, and then lie to the FBI about it. In October, the U.S. Court of Appeals for the Ninth Circuit vacated McTiernan’s 4-month prison sentence and ruled that he was entitled to a hearing on whether he could withdraw his plea. Pellicano has been sentenced to 15 years in federal prison.
Don Johnson Wants 'Nash Bridges' Profits
Don Johnson and his production company filed suit today in L.A. Superior Court seeking to recover profits from 2929 Entertainment -- owned by billionaire Mark Cuban, Rysher Entertainment and Qualia Capital -- over Nash Bridges. The breach of contract case involves the six-year, 122-episode TV series which he claims generated more than $300 million in revenue, including over $150 million from worldwide syndication. “Nash Bridges is a very successful series and I am entitled to half of the profits, which I have not received,” said Johnson in a press release. The complaint alleges that:
-- Don Johnson Productions is owed tens of millions of dollars from the defendants for its half of the profits from the copyright Don Johnson Productions owns in the hit series that Don Johnson co-conceived, starred in, and produced.
-- As the series star, Don Johnson, through Don Johnson Productions, negotiated and obtained a 50% interest in the series’ copyright.
-- Despite being co-owner of the copyright, Don Johnson Productions has not received its share of the revenues generated from the series syndication.
Johnson's lawsuit is being handled by Kirkland & Ellis lawyers Robert Krupka and Mark Holscher.
Fox & Warner Settle 'Watchmen' Lawsuit: Warner Will Distribute; Fox Gets 8 1/2% Gross + Cash + Piece Of Sequels/Spinoffs
BREAKING NEWS! (keep refreshing) The deal is finally done, and Warner Bros' highly anticipated Watchmen -- based on the comic book series/graphic novel written by Alan Moore and illustrated by Dave Gibbons -- won't be held hostage. I'm hearing that in tonight's settlement, Fox will not be an active distributor of the pic, but will receive up to 8 1/2% gross participation in the pic, and a piece of everything going forward including a sequel or spinoff, and a cash payment upfront including recoupment of its development costs and attorney fees, and god-only-knows what else. Because neither Fox nor Warner Bros would comment on the terms. But Legendary Pictures already owns a chunk of Watchmen. So cutting Fox in now as another partner really plays havoc with Warner Bros' economics on the movie. Studios hate when that happens.
[FYI, The Hollywood Reporter jumped the gun on this settlement story and got it wrong. Twice in one week for the two trades. Though THR posted at 5:25 PM PT that the deal was done, the fact is that my sources said important issues had yet to be resolved. Only at 7:15 PM was the studios' settlement concluded. Also THR claimed at first that Fox didn't get a piece of Watchmen going forward in a sequel or spinoff. But the trade corrected this at 8:30 PM.]
The settlement will be presented on Friday at 9:30 AM to federal judge Gary Feess who set ... Read More »
EXCLUSIVE: David Permut And Bob Saget Suing Bergstein's Think Films And Capitol Films Over 'Farce Of The Penguins' Pic
There's still more legal and financial trouble in the offing for David Bergstein and his ThinkFilm and Capitol Film production and distribution empire.
I've learned that producer David Permut's Permut Productions and comedian Bob Saget's Two Angels Inc are filing a lawsuit in Los Angeles today against Bergstein and his two movie companies over their spoof of March Of The Penguins called Farce Of The Penguins. The direct-to-DVD raunchy comedy made for a mere $1 million pre-sold its foreign rights and scored a Showtime deal. Insiders tell me that Farce was almost "pure profit" -- especially after the filmmakers used stock footage of penguins (when Warner Bros and the original French March filmmakers didn't want Permut and Saget to "fuck with their penguins"),
and after Permut and Saget waived 100% of their fees to be gross participants (15%) in the film. But the pair say they haven't been given the agreed-upon quarterly accountings duribng the first 3 years of the movie's proceeds except for one "producer report". And they now believe that Bergstein's firms have received "several million dollars in gross receipts". Instead, they've been met with "Radio silence. Nothing. We had our people ask for the money, and there's no response. It falls on deaf ears," one insider tells me. "One doesn't go down this path unless there is no other option."
According to the complaint for fraud and accounting, and intentional tort interference with a contractual relationship, "David ... Read More »
'WATCHMEN' WATCH UPDATE: Settlement Talks "Productive"! Fox Responds To Pic's Producer; Another Court Decision Today (...And Shut Up, Larry)
3RD UPDATE: Lawyers for both Fox and Warner Bros asked federal judge Gary Feess today to delay an upcoming hearing in the Watchmen case because "settlement talks have been productive" and need to continue over the weekend. The special conference had been requested by WB attorneys in order to move up the January 20th date at which Judge Feess hands down his ruling that could change the release date of Watchmen off March 6th. The judge granted the postponement but is sticking, for now, to his January 20th date. According to court documents, Fox and Warner Bros have conducted the settlement talks since last weekend and made concessions. This is surprising since WB lawyers announced they would continue to fight immediately after Feess announced his intention to rule in favor of Fox for copyight infringement and distribution rights.
2ND UPDATE: I can confirm that backchannel talks are finally underway between Fox and Warner Bros. Insiders tell me that this is the first time both sides are trying to hash out a settlement. Of course, Fox has been complaining all along that its approaches to WB have been rebuffed since long before the movie was even made. But I also heard that WB wouldn't even engage after federal judge Gary Feess recently announced his intention to rule in Fox's favor on the copyright infringement and distribution angle. Now, sources tell me, "Warner Bros is finally freaked out."
UPDATE: ... Read More »
SHOCKER! Federal Judge To Side With Fox In Warner Bros 'Watchmen' Film Lawsuit
WATCHMEN RULING: Where Was Larry?
I've just learned tonight that the Fox Filmed Entertainment brass, because of the holiday, didn't even know they had won! The New York Times' Michael Cieply was first to get hands on today's five-page written order issued by Gary A. Feess, a Los Angeles-based judge in the United States District Court for Central California, stating how he intends to rule soon in the closely watched case. I broke the news in August when Feess denied a Warner Bros motion to dismiss 20th Century Fox's legal battle over the rights to develop, produce and distribute a highly anticipated film based on the graphic novel Watchmen written by Alan Moore and illustrated by Dave Gibbons. Fox was seeking to enjoin Warner Bros from going forward with the project and releasing it in March 2009, and Feess back then refused to deep-six Fox's lawsuit filed on February 12th. Everyone assumed there would be a trial starting in late Janury over the legal issues because Feess at an earlier hearing said he believed one was necessary to settle the case.
But now Feess has abruptly done an about-face, saying he has reconsidered and concluded that Fox should prevail. So Feess intends to grant 20th Century Fox’s claim that it owns a copyright interest in the Warner Bros pic. “Fox owns a copyright interest consisting of, at the very least, the right to distribute the ‘Watchmen’ motion ... Read More »
Warner Bros Slaps CBS With Lawsuit Over Deficit Financing Of 'Two And A Half Men'
So Warner Bros filed in LA Superior Court seeking $49M over its agreement to give CBS options to order its Two And A Half Men for a 5th and 6th season. CBS, which airs the series, agreed that if it exercised those options and the show was a hit, the network would pay back at least some deficit financing incurred by Barry Meyer and company over the first 4 seasons as well as pay premiums on the 5th and 6th year license fees. There's no question that 2.5 Men has, by any measure, been a hit for Les Moonves et al for the last 4 years as well as broadcast TV's No. 1 sitcom. So Warner Bros wants its dough, claiming that CBS has refused to pay even a portion of what was agreed. Oh, I love it when Big Media stop colluding and start to sue one another. I'll read through the lawsuit later for any juicy bits.
MPAA Sues To Shut Down 3 Film Websites
Los Angeles – The Motion Picture Association of America (MPAA) on behalf of the major Hollywood movie studios filed lawsuits in federal court in Los Angeles today against campusist.com, movies-on-demand.tv, and sswarez.com - websites that facilitate copyright infringement on the Internet. These sites contribute to and profit from massive copyright infringement by identifying, posting, organizing, and indexing links to infringing content found on the Internet that consumers can then view or download on-demand.
“The people who are operating these sites are profiting from the theft of protected content. We have filed several other similar lawsuits and will continue to do so in order to hold operators accountable for their illegal activities. We have every intention of continuing to shut down these sites, and sites like them, for good,” said John Malcolm, Executive Vice President and Director of Worldwide Anti-Piracy Operations for the MPAA.
Sites like campusist.com, movies-on-demand.tv, and sswarez.com rely on advertisers to maintain their operations and profit handsomely from third-party advertising pitches. All three sites combined attract over 54,000 unique visitors per day who view nearly 208,000 pages of content.
The worldwide motion picture industry, including foreign and domestic producers, distributors, theaters, video stores and pay-per-view operators loses approximately $18 billion annually as a result of piracy -- over $7 billion of which is attributed to Internet piracy.
Pellicano Scandal Chapter Ends Today: Hollywood P.I. Sentenced To 15 Years
Anthony Pellicano, the wiretapping Hollywood private eye turned convicted felon, finally found out his fate. U.S. District Judge Dale Fischer gave him a prison sentence of 15 years and ordered the 64-year-old Pellicano and two other defendants to forfeit a total of $2 million. Pellicano showed no emotion when the sentence was read, according to The AP. "I have taken full and complete responsibility," he said. He had been convicted of a combined 78 counts, including wiretapping, racketeering and wire fraud, in two separate trials earlier this year. I'm told he gets no credit for time served.
Former Actor O.J. Simpson Gets 15 Years
An example that others don't mete out celebrity justice like Los Angeles does...


