ATTN: JMS I really *WANT* to understand this (was: Season 5 vs. Sequel)

[B5JMS Poster]

Subject: ATTN: JMS I really *WANT* to understand this (was: Season 5 vs. Sequel)
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 No. | DATE        |  FROM
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s  1: Jan 23, 1997: John Lunsford <jlunsford at gentech.com>
+  2: Jan 24, 1997: "FdAdm I. Mordant-Blake" <stellaropscom at geocities.com>
*  3: Jan 24, 1997: jmsatb5 at aol.com (Jms at B5)

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From: John Lunsford <jlunsford at gentech.com>
Lines: 58

>Jms wrote in Re: ATTN JMS: Season 5 vs. Sequel --

>PTEN, the network that airs B5, is no more.  Most of the stations have
>joined UPN, and the corporate structure is no more.  Imagine, for
>instance, the hassles in keeping a show on ABC if ABC suddenly no longer
>existed.  But the rights were tied to ABC, the people who once owned it
>want to cash in their chips and get out, and they can't take the show
>anywhere else...partly for competitive reasons, partly because the rights
>are held by a company that basically no longer exists.


As the subject line says... I really *WANT* to understand this.

If my current appreciation is correct, WB owns B5 by virtue of the fact
that they have bank-rolled the series and, in TeeVee deals, that buys
them the copyright to the show. Further, Babylonian Productions has a
year to year contract with WB to actually produce the show. PTEN's part
has been that of distributing the show to the various stations that air
it. Literally, PTEN has/had the exclusive contract to take B5 around to
programming managers all over the world in the pursuit of selling them
on paying to add B5 to their station's programming line-up.

That's the part that I think I understand. Please, PLEASE correct me if 
I'm wrong. Now the part that I for sure don't understand.

In the posting above, you said that PTEN's dissolution has raised a legal
quagmire around "the rights" to B5. What rights does/did PTEN own?

While the images on the WB/B5 web site are copyrighted by the "PTEN 
Consortium", the copyright notice on the site's pages says --

   "Babylon 5, characters, names, and all related indicia are trademarks 
    of Time Warner Entertainment Co., C 1996 Time Warner Entertainment Co.
    All Rights Reserved."

What is the aspect of the relationship between PTEN and WB that reconciles
these apparently conflicting copyright claims?

If PTEN is gone, what claim can it have on B5? Are there stockholders or
partners that must reach an agreement in place of a current impasse?
Does the demise of PTEN mean that some vital ownership aspect of B5 also
disappears causing the show to become a wonderful product with no market
value?

I realize and appreciate that corporate legal wrangling is one of your
least favorite topics in the whole world. But, if this PTEN rights hassle
has the potential to kill the final season of the best drama I have ever 
seen on television, I want to know as much as I can about why. 

I'm funny that way. When I get hit by a truck, I want someone to take 
down the license number.

Thank you for whatever light you can shed on this.

John Lunsford




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From: "FdAdm I. Mordant-Blake" <stellaropscom at geocities.com>
Lines: 47

John Lunsford wrote:

{Excellent condensation of JMS explanation snipped}
> Now the part that I for sure don't understand.
> 
> In the posting above, you said that PTEN's dissolution has raised a legal
> quagmire around "the rights" to B5. What rights does/did PTEN own?
> 
> While the images on the WB/B5 web site are copyrighted by the "PTEN
> Consortium", the copyright notice on the site's pages says --
> 
>    "Babylon 5, characters, names, and all related indicia are trademarks
>     of Time Warner Entertainment Co., C 1996 Time Warner Entertainment Co.
>     All Rights Reserved."
> 
> What is the aspect of the relationship between PTEN and WB that reconciles
> these apparently conflicting copyright claims?
> 
> If PTEN is gone, what claim can it have on B5? Are there stockholders or
> partners that must reach an agreement in place of a current impasse?
> Does the demise of PTEN mean that some vital ownership aspect of B5 also
> disappears causing the show to become a wonderful product with no market
> value?


What really scares me, is that John's questions make as much sense as an
explanation of the current situation as they do as questions!
It would be really scary if this is _exactly_ the situation WB, PTEN and
Babylonian Prods. find themselves in.
It seems to me that, while PTEN is no longer a going concern, the
Consortium is being kept alive on total life support in ICU due to the
fact that B5 is still being produced. And like a doctor, WB cannot pull
the plug on PTEN until B5 is finished, and PTEN wants to die peacefully,
but the WB won't let them pull the plug because B5 makes too much
revenue.
Meanwhile, the next of kin (ie the PTEN stockholders) keep looking at
their watches and calendars and want to know when the will will be read
so they can get their stock dividends payed out!
I feel for the production crew if this is what they have to deal with on
a daily basis...

-- 
WOMBAT! (aka- Field Admiral I. Mordant-Blake: jpdoyle)
** Visit the Stellar Operations Command Homepage ***   "This isn't   **
*    http://www.geocities.com/TimesSquare/4162   <*> Reality: This is *
**Find out more about Interactive Fiction Writing*** Fantasy!"-Uhura **


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From: jmsatb5 at aol.com (Jms at B5)
Lines: 14

Products and the like, and images, are copyrighted by WB for their
long-term use; the show is (c) by PTEN.  PTEN was a separate entity
created as a consortium financed by a group of TV stations and Warner
Bros.  The lion's share of those stations are now part of UPN and no
longer involved.  So you've got the legal entanglements of other stations
and entities partially owning the show.  It's a legal muddle put together
with a lot of scotch tape...which has now turned into red tape for us.


 jms




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