On Fri, Jan 15, 2010 at 12:04 PM, Steve Rhodes <[email protected]> wrote:
> > Team Conan responds > > > http://www.thewrap.com/ind-column/exclusive-team-conan-responds-zucker-er-ebersols-slam-13031 > > Though the big news if true is buried: > > Conan insiders are also making it clear that previous reports that > O'Brien's deal didn't specify a timeslot for "The Tonight Show" are > "categorically untrue." > > They note that during his "Late Night" days, O'Brien's contracts with NBC > always specified that "Late Night" would be the show following "The Tonight > Show" and that "Tonight" aired at 11:35. (This was probably to prevent NBC > from one day deciding "Late Night" meant 4 a.m.) > > In the "Tonight" era, O'Brien has similar language as well, one person > familiar with the contents of the deal confirmed. But it's in an addendum to > the contract (which may explain why NBC folks have apparently been telling > certain websites that the network could move "Tonight" without penalty). > > "There's a reason NBC is looking to get this done so quickly," the pro-Coco > insider said. > I have seen elsewhere reports that this addendum does not refer to 11:35, but to a show starting after the late local news, perhaps in part because of course the show does not start at 11:35 everywhere. This reference to following the late local news is the specific language that Conan used in his "People of Earth" manifesto. Of course, a 12:05 am show also follows the late local news, which is why the Coco camp has been arguing that there is a long history and practice in place around The Tonight Show that gives context and direction for interpreting when it is supposed to air. The NBC people have been taking a very literalistic stance, but I think they are likely to get the fuzzy end of that stick if it ends up in court. For all the talk about reading the language in your contract and having exaggerated clarity about the terms of employment, the courts really do use actual past common practice as a guide for interpreting and enforcing a lot of elements in contracts, and hyper technical legalism is not the argument that wins most often.
-- TV or Not TV .... The Smartest (TV) People! You received this message because you are subscribed to the Google Groups "TV or Not TV" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/tvornottv?hl=en
