The Producers

[Darren Gross]

The show is owned by ABC for broadcast- It being a subdivision of several companies, Paramount handles syndication rights...

Dan Curtis doesn't and didn't hold onto anything...All masters have always been stored at ABC and Worldvision.

Since home video was not included in ABCs deal with Curtis originally, Curtis owns the video release rights, entirely, I believe.

The only person I know of who actually put syndication residuals into his contract was Sy Thomashoff, smart man that he is...

[Mysterious Benefactor]

But, as the actress I spoke with said: "Dan Curtis KNEW this show was special" and he kept all those tapes (at least that's what she told me).

Dan Curtis doesn't and didn't hold onto anything...All masters have always been stored at ABC and Worldvision.

Darren, thank you so much for jumping in to explain that. I've been trying to hunt up the Variety article that explains it (with no luck) so that people wouldn't simply have to take my word that the DS actors who continue to spread that story simply don't know what they're talking about. But now it wouldn't simply be my word. 

I did, however, come across this initial article from 1975 about DC's suit:

'Dark Shadows' Prompts Suit Against ABC And Worldvision

Dan Curtis Productions has filed suit against ABC and Worldvision over the syndication and distribution rights to the "Dark Shadows" series that played on the network's daytime schedule between June 1966 and April 1971.
According the the plaintiff, which is seeking triple damages on "at least" a $1,000,000 loss to itself, Curtis entered an agreement with ABC for the latter to play the series on its network with ownership returned to the producer after web play. But, the brief filed in N.Y. Federal Court said, ABC assigned domestic and individual rights to its ABC Films syndie division. That division was later sold to its head, Kevin O'Sullivan, and the name was changed to Worldvision Inc.
That assignment of rights, according to the suit, was "exaction," a practice outlawed by the Sherman Antitrust Act and exerted by ABC through its economic power as contrasted to that of the plaintiff, an independent producer.
"At the time the agreement was made," the brief said, it was the usual practice of ABC and the other two national tv networks to force all independent producers to agree to terms similar to or identical with these exactions before said network wiould agree to exhibit television shows." Those agreements, it was stated, give the networks a position tending to monopoly.
Independent producers, the brief continued, had "so little bargaining power," they almost always gave up a substantial amount of a show's profitability to the webs.
The suit said that from 1957 to 1968, networks increasingly engaged in syndication and their control of off-web syndication increased from 62.28% to 96.7% of such product. Profit from such syndie material, it was said, went from $894,000 in 1960 to $6,266,000 in 1967.
In 1970, the FCC gave the networks a time limit to get out of syndication. CBS spun off its division as Viacom International and O'Sullivan bought his business in April 1973. NBC has also disposed of its syndie properties to National Telefilm Associates.
But the three networks are currently facing a Justice Dept, suit in California charging them with antitrust violations for owning rights to many shows they air -- a proctice all have said no longer exists.

Like I said, unfortunately I haven't been able to locate the article that fully explains the settlement. But as I also said, basically the ruling was not in DC's favor and Worldvision retained ownership of the DS episodes. DC, however, owns the "intellectual property" of DS.

[Patti Feinberg]

Okay...I'll just blatantly show what a duff I am.

You quote twice the word 'web'...obviously, since it's 1975, it's not the world wide web...what is it.

Also, it seemed like it was saying that exacting was illegal/unfair advantage over indep. producer/monopoly. But, you (MB) said it wasn't in DC's favor...so, why not?

Also....WHAT DOES INTELLECTUAL PROPERTY mean? Merchandising? Ideas?

Thanks MB & everyone else!!

Patti

[Darren Gross]

Intellectual property- simply the concept, ideas and characters and story of the show. Essentially if Dan owns the intellectual property rights only he can make a new Dark Shadows show, movie etc. or enter into an agreement to make such a thing with another company...

Essentially, ABC can't pitch a new show to anbody- they don't own it. Dan can pitch it to whoever he wants.

[Darren Gross]

Webs means web-syndication, ie: nationwide syndication. It's mentioned in the article.

[Mysterious Benefactor]

Also, it seemed like it was saying that exacting was illegal/unfair advantage over indep. producer/monopoly. But, you (MB) said it wasn't in DC's favor...so, why not?

Those quotes came from DC's lawyer's legal brief, so it would necessarily favor DC's position in the suit. But apparently the court saw the situation differently and ruled accordingly.

[Miss_Winthrop]

Okay  now I'm totally confused and I've got a few questions:
1) Since DC owns intellectual rights to the new WB production of DS, that means that he can control scripts and/or has final say so. Right?
2) Does DC get any money from MPI for the DS conversion from VHS to DVD format? I believe that you said the actors who interview do.
3) What exactly does an executive producer do anyway?
4) How long can DC control intellectual rights to DS and can he pass those rights on to an heir?

[Mysterious Benefactor]

1) Since DC owns intellectual rights to the new WB production of DS, that means that he can control scripts and/or has final say so. Right?

That completely depends on the deal he's made with John Wells and Mark Verheiden. My guess is that he doesn't have the 100% final say on anything. Why would Wells and Verheiden be involved if he did? And I'm strongly suspecting that the involvement of those two men is what got the WB's interest. On his own, DC had been shopping DS around for over 10 years without much to show for it.

2) Does DC get any money from MPI for the DS conversion from VHS to DVD format? I believe that you said the actors who interview do.

I've never read any concrete info on this, but I doubt he'd get money only for the simple reason that the episodes are being released on DVD. However, he most probably worked out some sort of deal for the show's release to home video, and the DVDs would most probably be included in that.

3) What exactly does an executive producer do anyway?

That varies from EP to EP. Some are producers in name only and have no involvement in the day to day operations, while others have involvement in every aspect of a show. DC isn't the type to be the former. Normally he's the latter - but with Wells and Verheiden's involvement in the WB DS, who knows where he falls within it?

4) How long can DC control intellectual rights to DS and can he pass those rights on to an heir?

He probably controls them for life. But he can assign them to anyone else whenever he wants to, which would include passing them along upon his death.

[Darren Gross]

Curtis owns all video rights, including VHS, LD, DVD and any other format that comes along. MPI nor any other company can put out DVDs of the episodes legally without making a contract with Dan Curtis.

Of course, he's making money off of the DVD releases.

All video releases on MPI are legally authorized releases and they are supervised by Dan's marketing coordinator. It's pretty much controlled in-house, with final authroing and such done in IL or wherever MPI is located.

[Patti Feinberg]

  Maybe I'm just catching on...but...with DC given the opportunity to produce a NEW DS...is this possibly why it was taken off Sci-Fi (and subsquently, not picked up by any other networks)?

Patti

[victoriawinters]

4) How long can DC control intellectual rights to DS and can he pass those rights on to an heir?

He probably controls them for life. But he can assign them to anyone else whenever he wants to, which would include passing them along upon his death.

I believe the copyright law is he owns the rights for his life-time.  Should he become incapacitated and be unable to manage his affairs, then a conservator would be either designated in a living trust/will or appointed by the court via probate court.  The conservator would then manage all business affairs including Dark Shadows and Dan Curtis Productions, pay his bills or whatever the papers or court would designate.  After he dies, his designated heirs would be able to control the rights for another 50 years.  After that, it becomes the public domain.

Should he die intestate (no will), his estate would automatically pass to his wife, Norma under California law.  Should they both die at the same time, then equally between his children.  But, I would think he's savvy enough to have his will in order.

[Miss_Winthrop]

Re: The Producers

Wow! Thanks for taking the time to relay this information. You have helped to make it clearer for me.

[The Doctor and K9]

Well, unless things changed since their report (which, I suppose, could be possible), back in the '70s Variety reported that the settlement of DC's suit against ABC to finally get DS syndicated was that WorldVision owns the actual DS episodes.

No offense, but personally, given their ability for often, uh, "mixing up" (yeah, that's it  ) their "facts," I'd believe a report in Variety before I'd believe almost any of the actors.  

Yes, a certain DS actor is still going around telling everyone that DS was shot on kinescope.  Try telling her that it was video tape and she won't believe you.  I love this lady dearly, so please don't take this as a put down of her.