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NCAA’s Westwood One contract termination upheld in judgment – ​​Sportico.com

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NCAA's Westwood One contract termination upheld in judgment – ​​Sportico.com


NCAA awaits historic US Supreme Court ruling Alston Case recorded one win over Westwood One Radio Networks. On May 26, the Indiana Court of Appeals affirmed the denial of the injunctive relief order that could prevent the NCAA from invalidating the wireless contract. The judgment focused on potential damage to Westwood One’s revenue streams and goodwill, including transactions with the NFL, as a result of the loss of the NCAA contract.

The incident stems from Westwood One’s failure to pay the NCAA after the pandemic-related cancellation of the 2020 men’s basketball tournament. When the NCAA contract was signed with Westwood One in 2011, Radio Network obtained the exclusive rights to produce and distribute audio broadcasts of the NCAA Championship event. In return, Westwood One agreed to pay the NCAA an annual entitlement fee in two installments. Failure to pay is considered a serious violation. After the 2020 tournament was canceled, Westwood One has not made any installments and has an outstanding balance of over $2 million. Westwood One claims to have paid the NCAA $4 million in rights fees for March Madness and other “never happened” events. The total value of the contract is corrected in court records.

The sports world is full of billions of media money, and the cash in these contracts is usually not paid until the game is offered. Over the past 18 months, leagues large and small have had to renegotiate these deals to account for games that have been canceled or postponed due to COVID-19. In many cases, payments were made in full or prorated to account for lost broadcast windows. Being released to others has become a longer legal battle.

Industry insiders said the fact that most media deals are long-term partnerships is a major motivator for finding common ground. For example, the TV deal for March Madness runs through 2032, providing incentives for the NCAA and Turner/CBS to keep that relationship strong. The Westwood One contract is due to expire in 2024 under the terms of the contract, and there may be less incentive for both sides to compromise.

The NCAA-Westwood One Agreement contains a force majeure clause to address potential disruptions to broadcasts for reasons beyond the control of the NCAA or Westwood One. Like the force majeure clause of any other transaction, this clause shall be “act of God, unavoidable accident, war, act of terrorism, national emergency, government action or decree, strike or other labor dispute, fire, riot or civil unrest. [and] Extreme and unusual bad weather” or when Westwood One is preempted by “publicly significant news events”. The provisions also set out procedural steps such as notification requirements, treatment opportunities, and mitigation obligations.

The NCAA stresses that this provision makes it clear that Westwood One is not entitled to reduce appropriate fees and payments as a result of a force majeure event. Westwood One flatly disagrees. I’ve read the contract that the restricted language only applies when the game is postponed and will not be canceled without rescheduling.

The NCAA terminated their contract last September. The move led both sides to sue each other for infringement, claiming Westwood One had “expected to reach tens of millions of dollars” in losses. Westwood One sought a preliminary injunction preventing the NCAA from invalidating the contract. High Court Judge Heather Welch rejected Westwood One’s petition. In the opinion of Chief Judge Cale Bradford, the Court of Appeals affirmed Judge Welch’s possession.

Westwood One faced a difficult situation. As the judge noted, preliminary injunctions represent “special and equitable relief” that should only be granted “rarely”. To convince the courts, first of all, you must establish that in the absence of an injunction, irreparable harm will occur. Courts generally tend to reject injunctive relief. The plaintiff can win the trial later and usually indemnify the money at that time.

Westwood One came out short. Among those claims was that it was virtually impossible to calculate actual financial losses. The network claimed that its broadcasting rights were inextricably linked with advertising, licensing and numerous other elements of the revenue stream. Therefore, the connected loss cannot be calculated with sufficient accuracy.

The NCAA has successfully refuted this claim by showing that Westwood One closely tracks financial transactions. The network has also quantified losses and projected revenue from cancellations of the 2020 tournament, a practice that suggests similar analyzes are possible with respect to advertising and license losses.

In another allegation, Westwood One argued that their reputation would be damaged without an order. “March Madness Tournament,” Westwood One explains in court filings. “It is a major event in the sports world…. Loss of our rights as an exclusive audio provider will negatively impact Westwood One’s overall ability to develop customers and negatively impact goodwill with existing and prospective customers.”

An Indiana court defined goodwill as “the probability that a company’s old customers will rely on a well-established former place of business”. [and] Well-known.” Judges are concerned about Westwood One’s reaction in the NFL, which has made Westwood One the exclusive home of league playoff games and professional balls. The NFL may think less about the network if it loses to the NCAA .

The judges couldn’t convince the NFL’s possible reaction to be legally significant. “We agree with the NCAA,” said Judge Bradford. “We have failed to demonstrate that Westwood One cannot quantify with reasonable certainty future damages resulting from loss of goodwill.” He believed Westwood One had the ability to adequately determine goodwill losses in relation to tournaments and “similar losses if they lose clients like the NFL”.

Westwood One could appeal to the Indiana Supreme Court, but would face a difficult situation. The case will go on until a settlement or trial.

The majority of NCAA’s roughly $1 billion in annual revenue comes from media, mostly from men’s basketball TV deals with Turner and CBS. That said, he has several other deals, including a deal with Westwood One and an extensive TV deal with ESPN, covering more than 20 NCAA championships, including the Women’s Basketball Tournament and College World Series.

The canceled 2020 men’s basketball tournament (and other spring championships like lacrosse, baseball, and softball) will cost the NCAA hundreds of millions of dollars. thank Financial Statements After paying $887.5 million in TV and marketing expenses in 2019, the group dropped 81% to $165.2 million in the same category in 2020, according to the group. In particular, on CBS/Turner transactions, payments fell from $840 million in 2019 to $113.1 million in 2020.

The financial loss was partially offset by insurance payments of $270 million received by the NCAA as a result of the canceled event. It also borrowed $125 million from PNC Bank in May 2020.





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Central Partnership, BF Films Partner on Horror Film ‘Schizophrenic’

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Central Partnership, BF Films Partner on Horror Film 'Schizophrenic'


Russian production and distribution powerhouse Central Partnership and Latin American film group BF Films announced their first co-production. Variety can be exposed.

“Schizophrenia” is a psychological horror film set in the real world of a serious mental disorder. Dark stories from real patients will be inspiring, and various schizophrenic symptoms, including conspiracy theories and altered reality perception, are part of the script.

The story was created by JP Jacobsen and the script is being written by Hernanny Perla (“Blink, “Revelation”, “Santería”), who has appeared twice on Hollywood’s blacklist. Perla is represented by Verve, Anonymous Content and attorney Marios Rush.

The film’s director and cast is currently scouting and will be announced in the coming months. The project will be filmed in English by an international team working in Russia at the end of 2021 or early 2022. Executive producers include Carlos Hansen, Partner and CEO of BF Films, Juliana da Cunha Jacobsen, Partner and Head of Acquisitions at the company, and Vadim Vereschagin, CEO of Central Partnership. .

“For over 15 years, we’ve been looking for the world’s best film projects and distributing them widely in Latin America,” Hansen said. “We know what works on our territory. Now is the time to work with our favorite international partners to develop and produce BF’s projects for the global market.”

Jacobsen said, “’schizophrenia’ is a vivid example of what BF Films is pursuing. “We all know that the horror genre is exploding around the world, and the challenge is to do something fresh to stand out in a complex market. This story has an interesting premise, two iconic female protagonists, and a lot of creative potential that we are sure will attract world-class talent.”

The film is distributed in Latin America by Central Partnership in Russia and BF Distribution. The company is also working as a partner to sell rights to other territories.

Vereshchagin said, “We are excited to start a new chapter in the history of Central Partnership and to start a joint project with our outstanding partner BF Distribution, one of the largest independent content distributors and creators in Latin America.” “’Schizophrenia’ makes a strong statement and is perfectly positioned to be a successful horror film. This story appeals to one of the most relatable human fears. It will be understood and felt by a wide audience not only in Russia and Latin America, but also around the world.”

The project was announced at the Key Buyers Event held online from June 8-10. Also on the slate of the Central Partnership during the KBE is “The World Champion” (pictured), a drama based on the legendary 1978 chess match between Soviet world champion Anatoly Karpov and dissident Viktor Korchnoi. the 1920s drama “December”, which follows the last days of Sergei Yesenin, a famous Russian poet and American dancer in love with Isadora Duncan; ‘Row 19’ is a psychological thriller centered on a young doctor and a 6-year-old daughter who is caught in a storm by her 6-year-old daughter on a red-eye flight.





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‘Love, Victor’ Season 2 Captures Parents’ Struggle to Accept Gay Son

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'Love, Victor' Season 2 Captures Parents' Struggle to Accept Gay Son


Spoiler warning: Don’t read if you haven’t seen season 2 of “Love, Victor” streaming on Hulu right now.

The second season of ‘Love, Victor’ (a spin-off series on the 2018 groundbreaking feature ‘Love, Simon’) begins where Atlanta teenager Victor Salazar (Michael Cimino) tells his parents he’s gay, where the first stops. Start. . After waiting a year, audiences will finally see how Armando (James Martinez) and Isabel (Ana Ortiz) react to their son’s announcement.

no scary – No tears or screams, no accusations or rejections. But at first, neither parent accepts who Victor is. Armando at least awkwardly asks about his girlfriend (i.e. an attempt to convince him that Victor can be with a girl) and wonders out loud when he decides he’s gay.

But Isabel remains silent. When Victor finally asks her to say something, she whitens.

“Well, I think I should get some rest,” she said, barely listening. “And we can talk about it tomorrow.”

When the episode ended 10 weeks later, Victor and Isabel still hadn’t talked about it. As the season begins, Armando attends a meeting of the local chapter of the LGBTQIA+ alliance support group led by Simon’s father Jack (Josh Duhamel), working to understand his son, while Isabel tries to accept the fact that Victor is gay. really struggling for

Co-showrunner Brian Tanen said, “It’s dishonest when he comes out and everything goes well. “In 2021, parents just want to hug their children and say that everything will be fine. But our job on this show was to tell a different opening story than what Simon had in the movie.” – Simon’s parents understood and embraced him almost immediately.

“Love, Victor” shows a different course, which is a bit more subtle. When Victor begins his first same-sex relationship with boyfriend Benji (George Sheer), Isabel doesn’t spend time with Benji, not to mention flinching and admitting that she’s dating her son.

Ortiz said about Isabel’s arc in season 2, “It’s going to sound a little weird, but I was actually a little excited when they told me,” Ortiz says. “It was really exciting to play. It was really different.”

In the stories that usually come up, a mother is someone who understands and is committed to her LGBTQIA+ children. Ortiz played the role perfectly as Hilda Suarez, fiercely protecting her young gay son Justin (Mark Indelicato) in ABC’s beloved telenovela “Ugly Betty.” So she enjoyed the twist.

“I thought Continuously” Ortiz says about the difference between Hilda and Isabel. “They are two sides of the same coin, right? Hilda will fight anyone who sees Justin in the eye. Isabel, on the other hand, thinks people are too clingy to her, her family, and to thinking of her as a mother. ‘How can you raise a gay son? If it were me, I wouldn’t make him gay. ‘ I’ve heard quite a bit from people in my community. ‘I do not know, no — Say he can’t be gay. Tell her you can’t do that. ‘”

Ortiz saw these dynamics at work within his family. She conveys how her late cousin Freddy devoted herself to her paternal grandmother Ramona, even though for a long time Ramona could not accept the fact that Freddy was gay. That dynamism helped inform Ortiz’s understanding of why it took Isabelle so long to support Victor.

“She’s not a monster,” Ortiz says. “She loves her son and loves her family. The road that got me in was to think about Freddie and Ramona and how much we all loved her in spite of its flaws. She was still there for Freddy, but there was always a little thing until it wasn’t there. Until the light changes.”

Ana Ortiz as Victor’s mother Isabel and George Sear as Victor’s boyfriend Benji in “Love, Victor”
Courtesy of Michael Desmond/Hulu

The “Love, Victor” writers also mined personal experiences that come to their parents as they craft Isabel’s journey this season. Postpone a difficult conversation with Victor to another day with Isabel’s initial reaction.

“The idea that there is no answer to people who don’t accept the idea that their parents are coming out right away is something we hear over and over,” Tanen says. “The idea that the parents are just hesitant and don’t want to say one side or the other is a bit shocking for A and B doesn’t want to say anything negative, but they are traveling.”

One of the biggest stubbornnesses between Victor and Isabel is Victor’s refusal to tell his brother Adrian (Mateo Fernandez) that he is gay. This is a development that stemmed from a small argument when “Love, Victor” first moved out of their home. From Disney Plus to Hulu Before Season 1

Tanen said this move helped the show, allowing Season 2 to portray the sex life of Victor and Benji in a rare, candid way, but decided that “Love, Victor” couldn’t be on a more “family-friendly” Disney Plus. “It sparked an interesting conversation in the writer’s room about whether LGBT issues are inherently more adult.”

“They are in some ways a discussion of sexuality, and sexuality is more of an adult subject,” he continues. “We wanted Isabel to think about whether it’s okay to have these conversations with the kids. Of course it is. This is a conversation about people. are.”

When Adrian learns that Victor is gay, he accepts it without thinking again, and Isabel faces the biggest obstacle between her and Victor: a lifelong commitment to the Catholic Church. Early in season 2, Isabel also asks her bride about Victor. He advises her to help her son get back to Jesus, that is, stop homosexuality.

“When Victor agrees to be reluctant to come out, she doesn’t want to hear it,” Tanen says. “Looking at her face, she wants the bride to turn her around on this matter. Her heart and mind are elsewhere.”

Later, when Adrian tells Isabel that the bride hinted that Victor’s soul is in danger, there is the same light switch moment Ortiz’s grandmother had with Ortiz’s cousin Freddy, and she marched into the bride’s room to announce him. do.

“I was brought up to believe in a lot of ugly things, Dad,” she says. “It seems like it will take me to forget the rest of my life, but I will.”

Ortiz liked the scene, but said the director had to keep reminding her to reverse her reaction. “My instinct is, ‘Free me!'” she said with a laugh. “But that’s not Isabel. She still conquers a lot more about it.” (Still, Tanen remembers “people clapping” after the scene ended while she was reading the table for the episode.)

Tanen, who’s been writing Ortiz’s scenes after “Ugly Betty,” wrote the second episode of the season, in which Isabel finally tells Victor the desperate story he wants to hear: “I accept you, Victor. I love every part of you.”

That kind of happy ending doesn’t reflect every parent’s reaction to their child’s sexuality, but Tanen says it fits the larger mandate for “Love, Victor” to avoid the trauma of coming out.

“We want to feel inspired and uplifted at the heart of the show,” he says. “It can be an emotion in a writer’s room when people recall their journey, but it can also be incredibly cathartic. And it’s also a chance to make some wishes come true. Even if it’s not perfect, it’s an opportunity to rewrite history to show the LGBT audience, ‘This is the way to go.'”

Even telling queer stories in place empathy can lead to unexpected places.

“It is now a little easier to talk to someone in the family. [homophobic] Look,” she says. “Before I go to dinner and have a screaming argument. Now I think we can talk to them and take a closer look at them from their side.”

“I think it’s really important to have those conversations. “Now everyone is so angry. I mean, the world is upside down. But when it comes to family, when it’s a loved one… You can keep these conversations calm. And you can watch the show with them and say, ‘Now we can talk about it.’”





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‘Catch up on Kardashian’ is over, but the marathon continues at E!

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'Catch up on Kardashian' is over, but the marathon continues at E!


After 20 seasons, the Kardashian-Jenner family signed “Keeping Up With the Kardashians,” with the series finale airing Thursday night heralding the end of the reality TV era. But that’s good news. Dolls: Long after the family moves to Hulu, fans can watch the “KUWTK” marathon on E!

E! reserves the rights to the juggernaut franchise Variety I found out that the NBCUniversal cable company owns the “Keeping Up” library and can continue to air episodes even if the family is deeply involved in their new contract with Hulu.

In addition to being able to air on E!, seasons 1 through 19 will continue to stream on Peacock and Hulu, with season 20 available on both services in 2022 under existing streaming deals.

Throughout the original run of “KUWTK,” the reality show was able to binge on Hulu. Hulu’s high engagement among its consumer base has proven to be a good synergy and is part of the reason families are moving to Disney-owned streaming services.

Kardashian-Jenners is expected to bring new shows to Hulu and Disney’s Star international streaming service starting later this year, but details about the content, format, or number of projects have not been announced. Announced in December 2020, the deal was set up with the families of Kris, Kim, Kourtney, Khloe, Kendall and Kylie.

“Keeping Up” aired in 2007 and revolutionized reality TV, popular culture, and celebrity definition. The flagship show ran 20 seasons and 9 spin-offs, featuring 440 episodes and approximately 20,000 hours of footage for a total of 38 seasons. E!’s smash hit “KUWTK” was a major player on Cabler in its final season, and as the series aired in 90 and 20 countries, it garnered an impressive audience and major advertising dollars not only domestically but also worldwide. other languages.

Last deal the Kardashian-Jenners made with E! Networks and families have commented on the sizable salary, but it was reported at $100 million in 2017. Hulu trading terms were not disclosed.

Although it cost the family quite a bit, E!’s return on investment has been worthwhile not only for its fresh content, but also from its well-received iterations, even if it’s already aired multiple times. The marathon in “Keeping Up” has been a staple of E!, filling a lot of airtime almost every day.

E! Although they haven’t made any programming announcements about how the “Keeping Up” iteration will fit into their future schedule, the show’s immense success and deep-rooted fan base will likely allow cable producers to take advantage of franchise ownership for years to come. will come

Actually the series is over, but E! There’s more Kardashians content to catch up with. Before the family officially leaves for Hulu, Andy Cohen will be reuniting with the family for the first time. June 17th at 8pm and June 20th at 9pm Part 2 special broadcast





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