Lawsuit Archives - TV Source Magazine https://tvsourcemagazine.com/tag/lawsuit/ TV News, Spoilers, Recaps, Interviews Wed, 07 Jun 2023 18:19:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://i0.wp.com/tvsourcemagazine.com/wp-content/uploads/2020/01/favicon.png?fit=32%2C32&ssl=1 Lawsuit Archives - TV Source Magazine https://tvsourcemagazine.com/tag/lawsuit/ 32 32 45707827 ABC Successfully Defeats Lawsuit from Former ‘General Hospital’ Star and Anti-Vaxxer Ingo Rademacher https://tvsourcemagazine.com/2023/06/abc-successfully-defeats-lawsuit-from-former-general-hospital-star-and-anti-vaxxer-ingo-rademacher/ https://tvsourcemagazine.com/2023/06/abc-successfully-defeats-lawsuit-from-former-general-hospital-star-and-anti-vaxxer-ingo-rademacher/#respond Wed, 07 Jun 2023 18:00:57 +0000 https://tvsourcemagazine.com/?p=68172 In the recent upheaval surrounding Hollywood’s COVID-19 vaccine mandates, one notable case has met its conclusion. Ingo Rademacher, a former actor on ABC’s “General Hospital,” found his lawsuit against the network dismissed. The Hollywood Reporter was the first to break the news. Ingo Rademacher is best known for his portrayal of corporate raiding playboy Jasper “Jax” Jacks on long-running ABC soap. He initially joined the cast in 1996 and was a prominent character for many years until his abrupt departure in 2021. Rademacher had argued vehemently that he was unjustly dismissed from the show for declining the COVID-19 vaccine, citing […]

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In the recent upheaval surrounding Hollywood’s COVID-19 vaccine mandates, one notable case has met its conclusion. Ingo Rademacher, a former actor on ABC’s “General Hospital,” found his lawsuit against the network dismissed.

The Hollywood Reporter was the first to break the news. Ingo Rademacher is best known for his portrayal of corporate raiding playboy Jasper “Jax” Jacks on long-running ABC soap. He initially joined the cast in 1996 and was a prominent character for many years until his abrupt departure in 2021.

Rademacher had argued vehemently that he was unjustly dismissed from the show for declining the COVID-19 vaccine, citing his religious beliefs and medical condition as grounds for an exemption. Yet, the court sided with ABC, asserting that the actor’s opposition to the vaccine was grounded more in health concerns than in religious conviction.

It’s crucial to remember that ABC, like many other studios, had implemented vaccine mandates as part of their return-to-work protocols. These mandates mainly targeted those in the highest-risk areas on the set – including the main actors and key crewmembers. However, as the pandemic evolved, many studios, including Disney, ABC’s parent company, began to pull back from these blanket policies, opting instead for more nuanced approaches.

Rademacher’s case against ABC relied on the assertion that the network lacked the authority to impose a vaccine mandate on its employees. He claimed the network had wrongfully terminated his contract and violated his right to privacy, among other allegations. His arguments hinged on a moral belief that his body, as “endowed by his creator,” should not be subjected to foreign genetic material, such as the COVID-19 vaccine.

Yet, ABC’s defense painted a different picture of Rademacher’s religious objections. The network’s lawyers argued that the actor’s beliefs were more focused on health and personal ethics than comprehensive religious doctrine. They pointed to the absence of formal religious structures or practices in Rademacher’s “religion,” such as specific writings, gathering places, clergy, ceremonies, and proselytization.

Moreover, ABC questioned the sincerity of Rademacher’s belief in a book he cited, the “Revelations of Ramala,” considering he last read it three decades ago and no longer possessed a copy. While Rademacher’s lawyer contended that the actor’s beliefs were not hastily concocted to bypass the vaccine policy, Judge Stephen Goorvitch remained unconvinced. The court found that ABC did not have an obligation to accommodate Rademacher’s unconventional religious beliefs.

This outcome, while specific to Rademacher’s case, has broader implications for Hollywood. The dismissal of Rademacher’s lawsuit may serve as a precedent for similar cases and potentially discourage others from pursuing similar legal routes. Notably, ABC has been sued by other “General Hospital” crew members who were dismissed for refusing the vaccine. As Hollywood continues to grapple with the challenges of the pandemic and return-to-work protocols, this ruling reinforces the authority of studios to prioritize health and safety over individual objections to vaccine mandates.

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Rights to ‘All My Children,’ ‘One Life to Live’ Revert to ABC; Prospect Park Suit Dismissed https://tvsourcemagazine.com/2016/12/rights-children-one-life-live-revert-abc-prospect-park-suit-dismissed/ Sat, 03 Dec 2016 02:04:53 +0000 http://tvsourcemagazine.com/?p=47402 After three years of litigation, the Prospect Park Networks breach of contract lawsuit against ABC over the rights to All My Children and One Life to Live has been dismissed.  Licensing rights to the dramas are now back in ABC’s control. Prospect Park Networks, which licensed the rights to the soaps created by the late great Agnes Nixon after ABC unceremoniously canceled them in 2011, filed a $25 million suit against ABC in April 2013 over allegations of conspiracy, sabotage and breach of contract. Prospect Park later amended the lawsuit in November 2013, months after shutting down production, alleging ABC conspired to create a “mega soap” […]

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After three years of litigation, the Prospect Park Networks breach of contract lawsuit against ABC over the rights to All My Children and One Life to Live has been dismissed. 

Licensing rights to the dramas are now back in ABC’s control.

Prospect Park Networks, which licensed the rights to the soaps created by the late great Agnes Nixon after ABC unceremoniously canceled them in 2011, filed a $25 million suit against ABC in April 2013 over allegations of conspiracy, sabotage and breach of contract. Prospect Park later amended the lawsuit in November 2013, months after shutting down production, alleging ABC conspired to create a “mega soap” and defraud Prospect Park Networks by sabotaging their efforts to reboot the soaps, among other things, seeking $125 million in damages.

Language in the contract between ABC and Prospect Park Networks included a clause stating ownership rights would revert to ABC if production ceased for 18 consecutive months (Prospect Park’s amended suit also sought to rewrite this). Production for All My Children and One Life to Live ceased June 2013, 11 days ahead of a planned summer hiatus, due to labor disputes with unions for the crew. An agreement would later be reached, but production never continued. AMC’s was to resume August 2013, later pushed to October 2013; OLTL production was suspended indefinitely September 2013 pending the outcome of the lawsuit.

As part of the conspiracy, Prospect Park alleged ABC maliciously convinced the studio to let them “borrow” select characters from One Life to Live in a “limited and short-term capacity” for use on General Hospital. Prospect Park claimed ABC violated the terms of their agreement in a pre-conceived plan to undermine any future attempts by Prospect Park to reboot the projects. “Even before the ink dried on the parties’ agreement, ABC began unilaterally changing key storylines and themes, literally killing some OLTL characters and deeply integrating others into the GH landscape, all to create a mega soap of GH behind Prospect Park’s back,” read their suit. (Editor’s Note: On November 23, 2011, Prospect Park announced it was suspending its plans to launch the series online)

Prospect also accused the network of engaging in deceptive practices when negotiating “secret, multi-year, exclusive contracts” with Michael Easton, Kristen Alderson and Roger Howarth (Editor’s Note: The complaint later included Kassie DePaiva in this group, though she was never signed to a ‘multi-year, exclusive’ contract) behind the studio’s backs. “Although ABC was well aware that having the OLTL characters portrayed by  these specific actors was an important element of the OLTL format rights acquired by Prospect Park, ABC never informed these actors of Prospect Park’s rights to the characters, and on information and belief, made multiple misrepresentations about Prospect Park, its plans and prospects to induce the actors to sign with ABC. Not a word was said to Prospect Park about any of this.”

Thus, Prospect Park sustained damages that hindered the success of the projects: “Confronted with losing its entire investment or trying to pick up the pieces and press on, Prospect Park eventually produced one new season of OLTL and of AMC. But, the damage could not be undone, nor the fans reclaimed. As a consequence of ABC’s fraud and its multiple breaches of both the express terms of the parties’ contract and the implied covenant of good faith and fair dealing included in every contract in this state, Prospect Park has sustained the loss of its investment of over $30 million, as well as the profits that it stood to make had ABC acted as the partner it had held itself out to be.”

In addition to the above, ABC was also accused of other forms of sabotage including but not limited to:

  • Failing to consult Prospect Park for storyline approval
  • Refusing to allow OLTL stars to appear on ABC’s other programming to promote the online projects
  • Creating “copy-cat” characters and daring to air them during and after the filing of their lawsuit and while Roger Howarth appeared on the online version of OLTL
  • Refusing to turn over URLS and social media pages for show websites
  • Altering OLTL “canon” by killing off characters and breaking up popular pairings
  • Refusing to air advertisements for One Life to Live and All My Children
  • Instructing Hulu management not to offer Prospect Park the beneficial financial terms and arrangements that Hulu was prepared to provide and had provided other less popular shows; making negative comments about Prospect Park to actors and encouraging them not to sign on to OLTL
  • Hiring Frank Valentini and Ron Carlivati as General Hospital’s new executive producer and head writer as part of its plans to create a “mega soap” out of OLTL and GH. (Editor’s Note: Prospect Park fired both executives in November after suspending [Prospect Park now says it was only temporary] plans to launch OLTL in January 2012).

ABC filed a counterclaim in March 2014 seeking $5 million in damages plus unpaid licensing fees for All My Children and One Life to Live. At the time, ABC claimed fees for Season 1 of All My Children and One Life to Live were $4.5 million and $4 million, respectively. ABC’s countersuit sought to recover all unpaid Series Fees owed up to and through the date of the trial because of Prospect Park’s failure to pay in breach of the License Agreement.

ABC alleged Prospect Park paid series fees for both series for the months of April, May and June 2013, but it only paid the fees for All My Children for July and August 2013, and hadn’t issued any payments since despite ABC’s demand. As part of its suit, ABC sought compensatory damages, legal fees and interest before and after the judgment. Under the terms of the licensing deal, series fees for both shows would have amounted to more than $145 million over the course of 15 seasons.

ABC’s response to the Prospect Park lawsuit included the following:

  • Per ABC, the agreement allows Prospect Park the rights to produce up to 15 seasons of 12 calendar months for All My Childrenand One Life to Live.
  • Rights would revert to ABC only if: a) The network ceases production for 18 consecutive months. Should that happen, rights would revert to ABC ORb) Prospect Park meets the terms of the agreement and produces the 15 seasons.
  • With production on the Connecticut-based soaps “suspended” since September 2013, Prospect would’ve had to resume production on AMC and OLTL before March 2015 or their rights would expire.
  • After Prospect Park’s first attempts to get AMC and OLTL off the ground failed in 2011 due to “financing shortages, labor disputes and high production costs,” the studio and ABC entered an amended agreement that would benefit both parties.
  • In exchange for licensing back to ABC the rights to use some OLTL characters on General Hospital, ABC would “align the dates for Prospect Park to exercise its options for OLTL and AMC, thus giving Prospect an additional four months on the AMC option, and to forgive some of the debt that Prospect owed it at that point.”
  • ABC contended that Prospect Park didn’t complain while the characters were used by the network throughout 2012. When Prospect decided to move forward with AMC and OLTL, ABC entered “two additional amendments to use the License Agreement, which each extended Prospect Park’s time to begin production of the shows and give ABC continuing use of the OLTL characters on GH.”

Prospect Park Networks filed for Chapter 11 bankruptcy in March 2014, at the time listing ABC as one of its top creditors with $1.7 million owed. Additionally PPN owed money to the Writer’s Guild, Screen Actors Guild, Director’s Guild, Connecticut Film Center and actors including Erika Slezak (Viki, OLTL), Tuc Watkins (David, OLTL) and Denyse Tontz (Miranda, AMC), among others. Running up debt, stiffing creditors and the workers. A true Trump mess.

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Former ‘The Young and the Restless’ star Victoria Rowell Sues CBS and Sony https://tvsourcemagazine.com/2015/02/former-young-restless-star-victoria-rowell-sues-cbs-sony/ https://tvsourcemagazine.com/2015/02/former-young-restless-star-victoria-rowell-sues-cbs-sony/#comments Thu, 12 Feb 2015 04:13:03 +0000 http://tvsourcemagazine.com/?p=36397 Former The Young and the Restless star Victoria Rowell (ex-Drucilla Barber Winters) is suing both CBS and Sony for not rehiring her, directly blaming President and Chief Executive Officer of CBS Corporation Les Moonves. Rowell claims CBS, Sony Pictures Television, Bell Dramatic Serial Company and Bell-Phillip Television Production Inc. are not allowing her back on Y&R or its sister soap The Bold And The Beautiful as retaliation for her public and private complaints regarding the lack of diversity at Y&R both in front of and behind the camera. Daytime Confidential broke the news today. The lawsuit claims that this is a […]

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Former The Young and the Restless star Victoria Rowell (ex-Drucilla Barber Winters) is suing both CBS and Sony for not rehiring her, directly blaming President and Chief Executive Officer of CBS Corporation Les Moonves. Rowell claims CBS, Sony Pictures Television, Bell Dramatic Serial Company and Bell-Phillip Television Production Inc. are not allowing her back on Y&R or its sister soap The Bold And The Beautiful as retaliation for her public and private complaints regarding the lack of diversity at Y&R both in front of and behind the camera.

Daytime Confidential broke the news today. The lawsuit claims that this is a violation of federal law and California’s Fair Employment and Housing Act and alleges that Rowell was being “impoverished and blackballed because she had chosen to speak out against the discrimination and injustice that she had endured and witnessed happen to other African Americans.”

Rowell, who left the top daytime sudser in 2007, states that she has been attempting to return to Y&R and B&B since 2010 but has been denied. Rowell is now seeking damages that include back pay, front pay, benefits and “an order directing Defendants to re-employ Ms. Rowell on Y&R, or at least to consider her seriously for re-employment on Y&R without regard to her prior efforts to address the discrimination that she perceived at Defendants.”

Rowell originated the role of Drucilla Barber Winters on Y&R in 1990. Her primetime and film credits include Diagnosis Murder, Noah’s Arc, Law & Order: Special Victims Unit, Dumb & Dumber, and Eve’s Bayou. Rowell has often taken to social media to express her views regarding diversity on soaps.

Mehri & Skalet, PLLC out of D.C. plus NYC-based Valli Kane and Vagnini LLP and Hadsell Stormer & Renick LLP are representing her in the action. The 35 page lawsuit was posted by Deadline.

In response to the lawsuit, CBS release the following statement: “We were disappointed to learn that, after leaving the cast of The Young and the Restless on her own initiative, Ms. Rowell has attempted to rewrite that history through lawyers’ letters and a lawsuit that has no merit. We harbor no ill will toward Ms. Rowell, but we will vigorously defend this case.”

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ABC Countersues Prospect Park for $5 Million https://tvsourcemagazine.com/2014/03/abc-countersues-prospect-park-5-million/ Thu, 13 Mar 2014 04:11:45 +0000 http://tvsourcemagazine.com/?p=21633 ABC isn’t letting Prospect Park’s lawsuit go unanswered. In response to Prospect Park Network’s $95 million lawsuit, ABC has a counterclaim, seeking $5 million in damages plus unpaid licensing fees for All My Children and One Life to Live reports Deadline. Last April, Prospect Park filed suit against ABC over allegations of conspiracy, sabotage and breach of contract. Prospect Park later amended the lawsuit last November, months after shutting down production, alleging ABC conspired to create a “mega soap” and defraud Prospect Park Networks by sabotaging their efforts to reboot the soaps, among other things. ABC says the fees for […]

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ABC isn’t letting Prospect Park’s lawsuit go unanswered. In response to Prospect Park Network’s $95 million lawsuit, ABC has a counterclaim, seeking $5 million in damages plus unpaid licensing fees for All My Children and One Life to Live reports Deadline.

Last April, Prospect Park filed suit against ABC over allegations of conspiracy, sabotage and breach of contract. Prospect Park later amended the lawsuit last November, months after shutting down production, alleging ABC conspired to create a “mega soap” and defraud Prospect Park Networks by sabotaging their efforts to reboot the soaps, among other things.

ABC says the fees for Season 1 of All My Children and One Life to Live were $4.5 million and $4 million, respectively. ABC’s countersuit seeks to recover all unpaid Series Fees owed up to and through the date of the trial of this action as a result of Prospect Park’s failure to pay in breach of the License Agreement. ABC says Prospect Park paid them the series fees for both series for the months of April, May and June 2013, but it only paid the fees for All My Children for July and August 2013, but hasn’t issued any payments since, despite ABC’s demand. As part of its suit, ABC is seeking compensatory damages, legal fees and interest before and after the judgment.

Under the terms of the licensing deal, series fees for both shows would have amounted to more than $145 million over the course of 15 seasons.

“We value the history and the legacy of both All My Children and One Life to Live. They are television institutions,” a network representative stated. “Prospect Park has the exclusive rights to these programs. It was their decision to discontinue producing new episodes online thereby disappointing fans. Prospect Park has not honored their agreement with ABC.”

Prospect Park Networks filed for Chapter 11 bankruptcy earlier this week, listing ABC as one of its top creditors with $1.7 million owed. Additionally PPN owes money to the Writer’s Guild, Screen Actors Guild, Director’s Guild, Connecticut Film Center and actors including Erika Slezak (Viki, OLTL), Tuc Watkins (David, OLTL) and Denyse Tontz (Miranda, AMC), among others.

Prospect Park has stated its bankruptcy filing would not impact ongoing litigation against ABC.

To read ABC’s full complaint, including details regarding the amendments to the licensing agreement with Prospect Park and terms of use for the One Life to Live characters, click here.

See Also:
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Soaps Producer Prospect Park Networks Declares Bankruptcy https://tvsourcemagazine.com/2014/03/children-one-life-live-producer-prospect-park-networks-files-chapter-11-bankruptcy-protection/ Tue, 11 Mar 2014 13:12:22 +0000 http://tvsourcemagazine.com/?p=21582 Prospect Park Networks, the company behind the online reboots of soap operas All My Children and One Life to Live, filed for bankruptcy on Monday in Delaware. PPN, separate from Prospect Park’s TV production, talent and management divisions, says the bankruptcy filing will “allow PPN the flexibility to collect on a tax credit from the Connecticut Office of Film, Television & Digital Media.” The filing will not impact the company’s multi-million dollar lawsuit against the ABC Television Network, which alleges ABC conspired to sabotage Prospect Park Network’s efforts to re-launch the series online. Prospect Park issued a statement yesterday: [textblock […]

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Prospect Park Networks, the company behind the online reboots of soap operas All My Children and One Life to Live, filed for bankruptcy on Monday in Delaware.

PPN, separate from Prospect Park’s TV production, talent and management divisions, says the bankruptcy filing will “allow PPN the flexibility to collect on a tax credit from the Connecticut Office of Film, Television & Digital Media.” The filing will not impact the company’s multi-million dollar lawsuit against the ABC Television Network, which alleges ABC conspired to sabotage Prospect Park Network’s efforts to re-launch the series online.

Prospect Park issued a statement yesterday:

[textblock style=”9″]Prospect Park Networks, LLC (“PPN”) today announced that it has filed a voluntary petition for protection under Chapter 11 of the U.S. Federal Bankruptcy Code in the District of Delaware. Prospect Park, the talent and management company, is unrelated to PPN and not included in the bankruptcy filing.

PPN produced “One Life to Live” and “All My Children” and in August 2013, PPN ceased production on the programs.

The Chapter 11 filing in no way impacts PPN’s litigation against the American Broadcasting Companies, Inc. In addition, the bankruptcy filing will allow PPN the timing flexibility to collect on a tax credit from the Connecticut Office of Film, Television & Digital Media.

PPN is optimistic that this filing will make it possible to continue to maximize the value of its assets and settlement of past liabilities. The company is optimistic about the prospects for a smooth transition into bankruptcy.[/textblock]

See Also:
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ABC Responds to Prospect Park’s $95 Million Dollar Lawsuit over ‘All My Children’ and ‘One Life to Live’ https://tvsourcemagazine.com/2014/01/abc-responds-prospect-parks-95-million-dollar-lawsuit-children-one-life-live/ https://tvsourcemagazine.com/2014/01/abc-responds-prospect-parks-95-million-dollar-lawsuit-children-one-life-live/#comments Thu, 16 Jan 2014 03:46:57 +0000 http://tvsourcemagazine.com/?p=20251 With the legal battle looming between Prospect Park and ABC over allegations of conspiracy, sabotage and breach of contract regarding the studio’s online re-launch of All My Children and One Life to Live, ABC issued its first legal response to the plaintiff’s lawsuit today in court. In November, Prospect Park amended its lawsuit against the network, alleging a conspiracy to create a “mega soap” and defraud the studio by sabotaging their efforts to reboot the soap operas, among other things. Unbeknownst to Prospect Park, at the same time the ink was drying on the Licensing Agreement granting Prospect Park an […]

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With the legal battle looming between Prospect Park and ABC over allegations of conspiracy, sabotage and breach of contract regarding the studio’s online re-launch of All My Children and One Life to Live, ABC issued its first legal response to the plaintiff’s lawsuit today in court.

In November, Prospect Park amended its lawsuit against the network, alleging a conspiracy to create a “mega soap” and defraud the studio by sabotaging their efforts to reboot the soap operas, among other things. Unbeknownst to Prospect Park, at the same time the ink was drying on the Licensing Agreement granting Prospect Park an exclusive license for OLTL through January 31, 2013, ABC insiders were developing a plan to create a mega-soap through the amalgamation of OLTL and GH, intentionally disregarding Prospect Park’s rights,” notes the complaint.

It further claimed ABC violated the terms of their agreement in a pre-conceived plan to undermine any future attempts by Prospect Park to reboot the projects. “Even before the ink dried on the parties’ agreement, ABC began unilaterally changing key storylines and themes, literally killing some OLTL characters and deeply integrating others into the GH landscape, all to create a mega soap of GH behind Prospect Park’s back.”

As part of its amended claim, Prospect Park demanded a “a declaration that Prospect Park’s continued payment of the licensing fees under the Agreement is excused; that Prospect Park is entitled to an extension of the License Agreement; and that the term of the License Agreement is tolled, from the time of ABC’s breach until the breach is fully remedied.”

ABC’s counsel, Susan Klein of Valle Makoff, filed a motion to strike under California Code of Civil Procedure sections 431.10, 435 and 436, on the basis that “they are not a proper basis for declaratory relief.” Under the Code, the court may strike “irrelevant, false, or improper matter inserted in any pleading,” which ABC accuses Prospect of doing.

She argues that Prospect Park essentially wants the court to rewrite the terms of their agreement, not interpret the terms, which is the purpose of declaratory relief.

“Here, Prospect Park is not asking this Court to resolve an unsettled question by interpreting the Agreement,” reads the filing. “Instead, it is doing the exact opposite: asking this Court to rewrite the contract to unsettle something that parties have already firmly determined — the term of the License. Simply put, Prospect Park’s request is not a proper subject of declaratory relief.”

Translation: The notion that Prospect Park shouldn’t have to pay the money it owes ABC from the time of the alleged breach of contract until the lawsuit is resolved is absurd. It’s even more absurd to expect the judge to agree to extend the length of the contract should Prospect Park fail to meet its original agreement. 

OTHER HIGHLIGHTS

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According to ABC, the agreement allows Prospect Park the rights to produce up to 15 seasons of 12 calendar months for All My Children and One Life to Live.

Rights would revert back to ABC only if: a) The network ceases production for 18 consecutive months. Should that happen, rights would revert back to ABC OR b) Prospect Park meets the terms of the agreement and produces the 15 seasons.

With production on the Connecticut-based soaps “suspended” since last September, Prospect would have to resume production on AMC and OLTL before March 2015 or their rights would expire.

After Prospect Park’s first attempts to get AMC and OLTL off the ground failed in 2011 due to “financing shortages, labor disputes and high production costs,” the studio and ABC entered into an amended agreement that would benefit both parties.

In exchange for licensing back to ABC the rights to use some OLTL characters on General Hospital, ABC would “align the dates for Prospect Park to exercise its options for OLTL and AMC, thus giving Prospect an additional four months on the AMC option, and to forgive some of the debut that Prospect owed it at that point.”

ABC contends that Prospect Park didn’t complain while the characters were used by the network throughout 2012. When Prospect decided to move forward with AMC and OLTL, ABC entered into “two additional amendments to use the License Agreement, which each extended Prospect Park’s time to begin production of the shows and give ABC continuing use of the OLTL characters on GH.
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