March 21, 2009

CLAWS COME OUT ON THE CATWALK: NBC SUES TWC OVER 'RUNWAY'S' MOVE TO LIFETIME (THR, VAR, DHD, NYT)

By Nancy Tartaglione-Vialatte

On Monday, the Weinstein Co., which produces Bravo signature series �Project Runway,� said it was moving the show to Lifetime in a five-year deal, starting with its sixth season in November. Bravo parent company, NBC Universal, was not particularly pleased with the news and countered by filing a breach-of-contract lawsuit against the Weinstein Co. aimed at preventing "Runway's" run to Lifetime.

The suit claims that NBC Universal and the Weinstein Co. have been negotiating for more than a year over exclusive rights to additional seasons of the show and says that the Weinstein Co. "threatened to take future cycles of the program to a competing television network unless (NBC Universal) agreed to pay many millions of additional dollars to TWC to acquire a 'package' that included television rights to second-tier TWC films unrelated" to "Runway."

In the suit, NBC also said Harvey Weinstein assured NBC U Jeff Zucker with these words: "You can only have in your life five true friends and I consider you one of my five friends. And I'm telling you, I will not embarrass you."

"They never told us they signed a deal with anyone," an NBC U insider told Variety. "They knew we believed we had a legal right to a first refusal to any competitive deal they did. We're asking for what we're entitled for, to be offered the right to match (Lifetime's deal). They had a legal obligation to bring a signed deal from a competitor to us. But they concealed the fact that they'd reached a deal."

NBC Universal's filing further claims that after the Weinstein Co. signed the deal with Lifetime on Feb. 7, the company continued to "engage in sham negotiations" with NBC Universal over those rights and "intentionally concealed" that fact that Weinstein had entered into an "invalid agreement" with Lifetime since NBC Uni has right of first refusal on the show.

"They've been sold stolen goods," an NBC Universal insider told Variety of the Lifetime deal.

In a telephone interview with The New York Times, TWC attorney David Boies flatly denied NBC Universal�s contention that it had retained the right to match a bid for �Project Runway.�

�NBC gave a lowball offer,� he said, �thinking the Weinstein Company couldn�t do better.�

Boies also told the NYT that the e-mail messages included in NBC Universal�s court filing were not complete and would not back up the claim that Weinstein or his representatives had agreed to the right of first refusal. He also said that the original contract for the show had never been signed and that a signed agreement last July reducing the hold-back period had not mentioned the right of first refusal.

Lifetime Networks president and CEO Andrea Wong declined to discuss the lawsuit, telling The Hollywood Reporter only that "we have a signed contract."

Asked how the deal came about, Wong, who said she's a fan of the show, told THR, "Harvey and I were talking about the opportunity to work together. This came up, and I jumped at the opportunity to get it."

"Runway's" network switch, believed to be the biggest ever in cable, echoes that of "Buffy the Vampire Slayer," which moved to UPN in 2001 after four seasons on WB Network.

Related Links

NBC Universal aims to stop 'Runway' runaway (THR)
'Project Runway' makes a move (VAR)
FIERCE! NBC Sues Weinsteins For Walking 'Project Runway' From Bravo To Lifetime
Bravo�s Parent Sues for �Runway� Rights (NYT)

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