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“ Remakes are not spinoffs ” – Deadline

More than two years after CBS Studios was sued for the current MacGyver series, the company fought back, claiming the case “suffers from life-threatening and incurable deficiencies.”

In December 2018, Hanzer Holdings and Arlita Inc. filed a lawsuit, claiming that CBS’s update to the drama series entitled them to payments based on a deal dating back to the original series. The two plaintiffs are described as “successors in the interest” of Major Talent Agency, the packaging agent of the original 1985-92 MacGyver series which was produced by Henry Winkler and John Rich.

According to the original lawsuit, MTA was a third party beneficiary of the 1984 agreement with CBS Studios’ predecessor, Paramount Television, which spawned the series. This pact included an “all-round commission” agreement between MTA and Paramount which, according to the lawsuit, covered “every series produced under the 1984 agreement.”

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When CBS Studios announced in 2016 that it had given a pilot the green light for a new MacGyver, this time with Lucas Till as the master of the available resources, the plaintiffs note that the project has been “referred to by CBS Studios and others variously as a ‘reboot.’ “remake” and / or “spin-off”, but it is in fact a “derivative series” as envisaged by the Accord of 1984. “

Now CBS Studios is asking to defer.

In its detailed 26-page opposition to the summary judgment motion filed Thursday in Los Angeles Superior Court (read it here), the company says “the plaintiffs’ case suffers from fatal and incurable flaws.”

“More fundamentally,” CBS Studios’ response says, “their contractual claims fail because neither CBS Studios nor its predecessor in the interest, Paramount, has ever had a contractual relationship with either of the plaintiffs. . Paramount / CBS never had a contractual relationship with Hanzer Holdings, and never even heard of complainant Arlita, Inc. until she filed this complaint. Second, even assuming that such a contractual relationship existed (it never did), they base their entire case on an allegation that the MacGyver remake is sort of a “spinoff” under a written contract that doesn’t even apply to remakes. Stranger still, the applicants have not been able to indicate in the filing which version of the agreement they claim to apply here and, at this precise moment, they do not know. Finally, even assuming a contractual relationship that would apply to the remake, the plaintiffs have certainly been and are unable to perform, preventing them from responding to an essential element of the enforcement of their claim. The plaintiffs have resisted discovery every moment for a very simple reason: their claims are belied by the evidence.

The file adds: “Engaging in a very deceptive corporate shell game and collecting
16 Paramount commissions on MacGyver they were never entitled to, the plaintiffs are foreclosed from claiming they are the successors in the interests of the real MTA.

CBS Studios is represented in this case by attorneys Lee Brenner, Sarah Cronin and Matt M. Gurvitz of Venable LLP in Los Angeles. Judge Maureen Duffy-Lewis is in charge of the case. A test date is set for June 7.

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