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Saturday, 30 June 2012 - CBS, Happy Days actors in settlement talks: sources |
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Fri, Jun 29 2012 Egypt's Mursi takes symbolic oath Fri, Jun 29 2012 Oldest sound recording resurrected Thu, Jun 28 2012 Pictures Reuters Photojournalism Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography.  See more  Raging wildfires Raging fires strike Colorado and Utah.  Slideshow  Hong Kong: 15 years A look at the last 15 years since Hong Kong's handover back to China.  Slideshow  CBS, "Happy Days" actors in settlement talks: sources Tweet Share this Email Print Actress Marion Ross, best known for her role in the television series ''Happy Days'', poses as she arrives for the 73rd annual Hollywood Christmas Parade in Hollywood, California in this November 28, 2004 file photo. Credit: Reuters/Fred Prouser/Files Analysis & Opinion NY appeals court gives big boost to BofA in MBS put-back suits New U.S. court rulings may add to costs, risks of finance industry regulatory enforcement Related Topics Entertainment » Fashion » Television » Media » By Sue Zeidler LOS ANGELES | Fri Jun 29, 2012 8:55pm EDT LOS ANGELES (Reuters) - CBS Corp is in settlement talks with cast members of the popular 1970's TV show "Happy Days" to end a legal dispute over revenues from the sitcom's merchandise, an agreement that could have broad ramifications for how TV actors are compensated. Representatives for the actors, who include Anson Williams, Marion Ross, Don Most, Erin Moran and the widow of Tom Bosley, began negotiations with CBS after a California judge ruled earlier this month that their case could go forward, according to two people with knowledge of the talks who asked to remain anonymous. A CBS spokeswoman declined to comment directly on the talks, but did release a statement saying: "We have never refused to pay the members of the 'Happy Days' cast any of the money they are owed under their contracts, and we'll continue to honor those obligations." Representatives for the actors were either unavailable or had no immediate comment. CBS had sought a summary judgment to end the lawsuit, arguing the actors were properly paid. But the ruling by California Superior Court Judge Elizabeth Allen White means the case will go to trial as scheduled on July 17, unless a settlement is reached. The actors' lawsuit, which was not joined by "Happy Days" stars Ron Howard and Henry Winkler, was originally filed in April 2011 and sought $10 million from CBS, alleging the actors were not fully compensated for the sale of a broad array of 'Happy Days' merchandise including: comic books, T-shirts, board games, lunch boxes and drinking glasses. CBS challenged the suit and Judge White in October 2011 dismissed claims for fraud and punitive damages, significantly reducing the potential damages. The actors are pressing ahead with merchandising royalty claims saying they are owed for the use of their images on DVD packaging, which legal experts say could fetch about $500,000. They have already received royalty payments on the DVDs themselves, but are trying to apply a merchandising formulation to the packaging. While the amount they are seeking is relatively low in terms of Hollywood legal battles, the case could set a costly precedent for actors' compensation because it would allow stars of TV shows to be paid for the use of their images on products in addition to royalties they collect from the products themselves, according to legal experts. "It would likely be a shocking and costly development if courts started interpreting contract language to require a separate merchandising revenue for the use of actors' likenesses on video packaging," said Jay Dougherty, professor of entertainment law for Loyola Law School in Los Angeles. He said the actors were taking an unusual tactic. "I wouldn't be surprised if the two sides reached settlement over this dispute because the studios wouldn't want this precedent out there if it resulted in a ruling against CBS," said Dougherty. CBS has argued DVDs are covered under their current Screen Actors Guild agreement allowing it to "reuse photography from ‘Happy Days' to exploit the television series without making additional payments to plaintiffs," according to court papers. White ruled earlier this month that "defendants have not met their initial burden of showing that plaintiffs are not entitled to merchandising royalties for the use of their likeness on DVD sets sold to consumers." The popular "Happy Days" series aired from 1974 to 1984. The Bosley, who portrayed the character Howard Cunningham in the long-running series, died in 2010. (Edited By Ronald Grover, Bob Tourtellotte and Leslie Gevirtz) Entertainment Fashion Television Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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