Anim8rFSK
2011-04-28 21:49:21 UTC
http://www.deadline.com/2011/04/ncis-creator-don-bellisario-sues-cbs-over-spin
off-ncis-los-angeles/
'NCIS' Creator Don Bellisario Sues CBS Over Spinoff 'NCIS: Los
Angeles'
By NELLIE ANDREEVA
EXCLUSIVE: 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
CBSs 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.
I'm amazed it took this long. I've been waiting for the lawsuits to flyoff-ncis-los-angeles/
'NCIS' Creator Don Bellisario Sues CBS Over Spinoff 'NCIS: Los
Angeles'
By NELLIE ANDREEVA
EXCLUSIVE: 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
CBSs 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.
ever since I read interviews with Shane Brennan claiming that there are
two NCIS Prime series, his, and Bellisario's.
--
"Please, I can't die, I've never kissed an Asian woman!"
Shego on "Shat My Dad Says"
"Please, I can't die, I've never kissed an Asian woman!"
Shego on "Shat My Dad Says"