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Tuesday, December 17, 2013

The Walking Dead (TV) - Frank Darabont Suing AMC Over Profits

Deadline brings us the following:
AMC‘s The Walking Dead is the biggest show on television but its developer Frank Darabont has yet to receive any money as a profit participant. Today, Darabont and his agency CAA filed a lawsuit (read it here) against AMC, accusing the network in “self dealing” by setting an unrealistically low license fee for the series it also produces and employing questionable accounting practices thus depriving profit participants of compensation. The complaint also alleges Darabont was wrongfully terminated from the show, that he should continue to receive an executive producer credit and is entitled to proceeds from The Walking Dead offshoots Talking Dead and the upcoming spinoff from Robert Kirkman, on whose graphic novel The Walking Dead was based. UPDATE: AMC declined comment on the litigation. Darabont and CAA are asking for unspecified “monetary damages” to be determined by a jury trial.
Judging by the history of vertical integration lawsuits, the odds are small that the dispute would go to trial. There have been a slew of “self dealing” complaints since the 1995 relaxation of TV’s financial interest-syndication rules — all of them eventually settled. The list includes Home Improvement producers’ suit against Disney, NYPD Blue exec producer Steven Bochco’s, X-Files star David Duchovny’s and M*A*S*H star Alan Alda’s complaints against 20th Century Fox TV, and more recently Will & Grace creators Max Mutchnick and David Kohan’s case against NBC and Smallville creators Miles Millar and Alfred Gough’s against Warner Bros TV. The difference is that Darabont was also fired from the show early into its run, a move Darabont and CAA are using in their case against AMC. The lawsuit, filed today with the New York Supreme Court, comes after sources say efforts by Darabont and CAA to resolve their issues were “fundamentally rebuffed” by AMC. The 73-page complaint was accompanied by a summons from the plaintiffs for AMC to reply by mid-January or risk default judgment.

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