The full service agencies APA and Innovative Artists have signed the Writers Guild of America’s new agency franchise agreement. As a result, each will be free to resume representing writers but with some critical restrictions. (For background on the long-running battle between the WGA and the agencies, see our earlier posts here and here.)
Television
Moral of the Story – Terminating Talent For Bad Behavior Remains Risky Business
The nearly two-year legal saga between television host Tavis Smiley and PBS appears headed for its final chapter next month when the parties face off in trial. Central to the dispute is the meaning and scope of the morals clause in Smiley’s contract with PBS. PBS terminated its 14-year partnership with Smiley in 2017 for…
Comic Relief! “Stolen Joke Case” Settles Weeks Before Trial

After almost four years of litigation between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg over five jokes Kaseberg alleged Conan and his writing team stole from Kaseberg’s Twitter feed, the clashing comics finally reached a settlement. Though the terms of the agreement…
Court Kicks Joke Experts Off Stage As “Stolen Joke Case” Heads for Trial

The cast list for the upcoming trial between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg just got shorter as District Court Judge Janis Sammartino dropped the curtain on Kaseberg’s two expert witnesses. Kaseberg intended to team up with David Barsky, a mathematics…
Winter Is Coming: Writers and Agents Hunker Down for a Battle of Attrition
This is an update on my blog post regarding the face-off between the Writers Guild of America (WGA) and the major talent agencies, through the Association of Talent Agencies (ATA).
To summarize–OMG!!
The WGA issued an ultimatum requiring the agents to sign their Code of Conduct forswearing package commissions. This is the practice by which…
TV or Not TV: Does Academy’s Push to Block Streaming Services From the Oscars Violate Antitrust Law?
A change in the rules for Oscar eligibility proposed by the Academy of Motion Pictures Arts and Sciences (AMPAS) may violate antitrust laws, according to the Department of Justice.
At issue is whether feature-length films produced by streaming services like Netflix should be eligible for Oscar consideration, even though they don’t have a significant theatrical…
Writers v. Agents: What You Need to Know
The Writers Guild of America (WGA) and the major talent agencies are headed for a showdown. The consequences are literally unknowable but could upend the way the television business has operated for decades. This blog will tell you what’s behind the fight and what each side has been saying about it. A disclaimer before I…
Entertainers Face New Morals Clause Issues in the Age of Social Media
Bette Davis and Joan Crawford never “tweeted” about their so-called rivalry – and that’s probably for the better.
Throughout the Golden Age of Hollywood, consumers were not exposed to each and every thought and opinion of top actors like Jimmy Stewart, Bette Davis, and Joan Crawford. The lack of technology at that time kept the…
O’Brien Roasts Plaintiff in Copyright Dispute Alleging Jokes Too Stale to be Stolen

The drama is building in the comic clash between TBS late-night talk show host Conan O’Brien and comedy writer Alex Kaseberg over jokes Kaseberg claims O’Brien and his writing team stole from him. As previously reported, O’Brien was able to knock out two of the five…
U.S. Supreme Court Drops Curtain on Olivia de Havilland’s “Feud” with FX

The California appellate court ruling which dismissed actress Olivia de Havilland’s suit against FX’s Feud will remain in place after the U.S. Supreme Court rejected de Havilland’s petition for review last week.
The now 102-year-old actress best known for roles in Gone With the Wind and The…