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Golden Globes Complaint

Golden Globes Complaint

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Published by SharonWaxman

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Published by: SharonWaxman on Nov 18, 2010
Copyright:Attribution Non-commercial

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11/18/2010

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For the past ^7 years HFPA, a nonprofit organization dedicated to
7 ' bridging the international and entertainment cammunítíes, has hosted the Golden
8
Globe Awards to recognize outstanding achievements ín foreign and domestic
9
motion pictures and television
.
The intellectual property and contract rights to the
10
Golden Globes are HFPA's primary assets, and HFPA uses proceeds from the
11
Awards to fund its annual phïlanthropíc grant program
,
through which ít distributes
12
mïllíons of dollars to support arts-related scholarships and charities, educationalfilm programs
,
and cultural preservation foundations.
14
2.
Since their inception ín 1944, the Golden Globe Awards have become
15
one of the most watched awards programs ín the world. HFPA is the registered and
16
indisputably exclusive owner of federally protected intellectual property rights in
17
the Golden Gybe marks and Golden Globe statuette.
18
3.
In
1983,
HFPA engaged Dick Clark and his company, dcp, to produce
19
the television production of the Golden Globe Awards show and to help license the20 ^ rights to a broadcaster for telecast, The parties entered into a new agreement four
2224
252^2728
years later, and through later amendments extended that agreement to 2011,
(collectively, "the Awards Agreement"). In return far its services, dcp received a
handsome share of the revenue generated by the show.
4.
Since 20011, ownership of dcp has changed hands twice. In 2002, ít
was acquired by Mosaic Media Group, Inc., and ín 2047 by, on information andbelief, Red Zane Capital (a private equity firm owned by dcp board member Daniel
Snyder, and managed by dcp Chief Executive Officer Mark Shapiro), Síx Flags
Theme Parks, Inc., and an unidentified third party investor. Over the last decade,
co
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5.
HFPA brings
tl^s la^i^s^^ít k^^^ause ^n October 29, 2010, dcp
surreptitiously signed a television broadcast lícense agreement with NBC
Entertainment {"NBC"} for the Golden Globe Awards shows through 2018, wïthout
F[FPA'
s consent or authorization. In fact, dcp did not even notïfy or consult with
fíFPA
before entering into the NBC agreement, in marked contrast with all prior
extensions of the NBC agreement
.
Rather, dcp proceeded in stealth.
Monthsearlier
,
FIFPA had specifically instructed dcp not to discuss televisíon broadcast
rights with anyone unless and until HFPA and dcp were able to consumate a new
deal to extend their soon-to-expire contractual relationship. dcp assured HFPA that
ít
would never do such a thing, but then broke that commitment by commencing
and completing broadcast rights negotiations with NBC-all behind HFPA's back,
and all while pretending to negotiate a new contract with HFPA.
^.
dcp acts as though it has the unilateral right to lícense the broadcast
rights for the Golden Globe Awards show an whatever terms ít pleases, withoutHFPA's knowledge or authorization
.
And dcp claims that
,
so long as it grants the
televisíon broadcast rights for the awards show to NBC
-
regardless of whether ít
does so in good faith or at market value-dcp can control the television production
and broadcast rights to the Awards ierpetuíty. dcp's actions fly in the face of
representations that ïts e^ecutves made to HFPA at the time the original Awards
Agreement and later amendments were negotïated and signed dcp never bargained
for such unlimited and unchecked rights; indeed, it strains credulity to ^magíne
2
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