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EntertainmentFox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood

15:31  12 september  2019
15:31  12 september  2019 Source:   hollywoodreporter.com

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The profits , or lack thereof, became heavily dependent on what Fox 's studio division (a production arm now owned by Disney) charged Fox 's distribution Awarding 9 million in damages, Lichtman rejected Fox 's proposition that Bones was just a middling show with middling ratings that would have

Thursday, 12 September 2019 Fox settles Bones suit that stunned Hollywood | Sky New Zealand Emily Deschanel, David Boreanaz, Barry Josephson, and Kathy

Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood© Patrick McElhenney / FOX BONES: Brennan (Emily Deschanel, L) and Booth (David Boreanaz, R) speak to a psychic in conjunction with their investigation in the "The Psychic in the Soup" Spring Premiere episode of BONES airing Thursday, March 26 (8:00-9:00 PM ET/PT) on FOX. Pictured ©2015 Fox Broadcasting Co. Cr: Patrick McElhenney/FOX After nearly half a decade battling the creative team behind one of TV's biggest hits, Fox has finally reached a settlement that will end the huge lawsuits over profit sharing for Bones. On Wednesday, the parties filed dismissal papers in Los Angeles Superior Court. The dispute draws to its conclusion, but amid continued consolidation in the media sphere and new streaming platforms being launched by studio giants the brawl over Bones is not likely to be forgotten anytime soon.

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‘ Bones ’ Profit Battle Ends As Fox & Disney Settle With Stars Emily Deschanel, David Boreanaz & EPs. Actors and fellow Bones producers Deschanel and Boreanaz followed Josephson’s initial suit with their As the self-dealing issues were being handled in private, the rest of the case was stayed.

Fox has settled its long-running profits litigation over the crime show “ Bones ,” during which an arbitrator accused top Fox executives of lying At the time, the plaintiffs’ attorneys vowed to appeal. Instead, they settled the dispute on undisclosed terms. A notice was filed with the L.A. Superior Court

Back in 2015, actors Emily Deschanel and David Boreanaz, Kathy Reichs (a forensic anthropologist who authored the Temperance Brennan novels that formed the basis for the series) and executive vp Barry Josephson went to court with the allegation that they had been defrauded by Fox of their rightful profit participation in a show that ultimately lasted 12 seasons. The profits, or lack thereof, became heavily dependent on what Fox's studio division (a production arm now owned by Disney) charged Fox's distribution affiliates — a broadcast network, foreign stations and, especially, the part-owned Hulu — for rights to air and stream the show. The main issue in the case was whether Fox undercharged license fees to its sister companies to derive much of the spoils of the show to the detriment of those expecting honest accounting.

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Fox has settled its long-running profits litigation over the crime show “ Bones ,” during which an arbitrator accused top Fox executives of lying on the witness stand. The arbitrator, Peter Lichtman, issued a blistering ruling in February, in which he accused Dana Walden

Get all Latest News about Fox Settles Bones ' Suit , Breaking headlines and Top stories, photos & video in real time. Fox Settles ' Bones ' Suit , Ending Profits Case That Stunned Hollywood .

In February, arbitrator Peter Lichtman released an eye-popping decision.

Awarding $179 million in damages, Lichtman rejected Fox's proposition that Bones was just a middling show with middling ratings that would have been canceled but for higher license fees. The arbitrator saw evidence of multiple frauds on Fox's part including the underhanded way the production company attempted to limit its liability over the years by having creative talent sign releases. Additionally, Lichtman found it nearly inexplicable that the Fox studio producing Bones permitted its parent company to exploit streaming rights and license those rights to Hulu without much of anything in return.

But the truly shocking part of Lichtman's decision was his attack on Fox's top television executives (many of whom now work for Disney). The arbitrator said these individuals "appear to have given false testimony in an attempt to conceal their wrongful acts" and that Rupert Murdoch's Fox at large has taken a “cavalier attitude toward its wrongdoing" while exhibiting a "company-wide culture and an accepted climate that enveloped an aversion for the truth."

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Get all Latest News about Profits Suit Fox , Breaking headlines and Top stories, photos & video in real time. Fox settles ' Bones ' suit , ending profits case that stunned Hollywood .

Fox has reached a settlement over the long-running profit participation lawsuit with " Bones " stars and Fox has reached a settlement over the Both parties filed dismissal papers in Los Angeles Superior Court on Wednesday, which brings an end to the ongoing lawsuit that was first filed in 2015.

Lichtman believed in the necessity of punitive damages given Fox's "reprehensible" fraud.

The parties then went back to open court, and a L.A. judge in May trimmed the award down to $51 million on the basis that Deschanel, Boreanaz and Reichs were entitled to actual damages and legal fees under their Bones agreements, but not any punitive damages.

The parties — led by John Berlinski on behalf of the actors and Reichs; Dale Kinsella representing Josephson; and Daniel Petrocelli on behalf of Fox — have now reached a settlement and avoided an appeal that would have been put $128 million on the line (in addition to the $51 million that Fox previously acknowledged it would pay pursuant to the arbitrator's decision). Neither side has made the terms of the resolution available, but both sides had cause to be confident in the appeal so the settlement is likely to be a significant sum.

The arbitration award, subsequent tussling and ultimate resolution comes at a particularly significant time for Hollywood.

Many of the entrenched powers in Hollywood are growing bigger (see AT&T's acquisition of Time Warner or the recent merger between CBS and Viacom) and aiming to take on Netflix. The vertically-integrated giants are now pulling hits — like NBCUniversal's The Office or Warner Bros' Friends — from Netflix in favor of distributing these series on their own splashy streaming platforms being launched in the coming year.

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Read on, my friends, and keep your eyes peeled between the lines. Fox Settles ‘ Bones ’ Suit , Ending Profits Case After nearly half a decade battling the creative team behind one of TV’s biggest hits, Fox has finally reached a settlement that will end the huge lawsuits over profit sharing for Bones .

Fox Settles ' Bones ' Suit , Ending Profits Case That Stunned Hollywood . And yes, it was extremely lucrative. If you can't handle this, you're going to really melt down when you find how Hollywood Walk Of Fame stars are awarded.

Perhaps influenced by the Bones decision, new license deals for shows including The Office and Friends to wholly-owned streaming platforms are being completed carefully and generating a lot of money for profit participants. Meanwhile, Disney is said to be experimenting with a new compensation structure for top TV creatives.

Will the industry change?

In his decision, Lichtman was doubtful of anything meaningful, questioning whether awarding even a nine-figure sum "given Fox’s financial condition and lack of contrition serves to deter the wrongful conduct at issue here, or whether it will be considered part of the cost of doing business."

It's also true that entertainment executives will often brush off legal strife.

Last month, for example, at the Television Critics Association, Fox Entertainment CEO Charlie Collier touted profit participation as being the company's competitive weapon against Netflix. Collier, who could be featured next year at a trial in a similar profits fight over AMC's Walking Dead, said, "We at Fox Entertainment believe in creating and sharing with talent the holy grail of television: the backend."

Pictures: Canceled, renewed or ending - your favorite show's fate

Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
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Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
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Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
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Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
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Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
Fox Settles 'Bones' Suit, Ending Profits Case That Stunned Hollywood
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