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Contracts Keyed to Kuney
Metro-Goldwyn-Mayer v. Scheider
Citation:
347 N.Y.S.2d 755, 75 Misc. 2d 418 (1972).Facts
MGM, under an agreement with American Broadcasting Company (ABC), produced the pilot film “Munich Project” with the hopes a television series would be produced based on the film. ABC exercised its option requiring MGM to produce a series for broadcast beginning September 1972. It is a custom in the industry for filming of a series set to air in the fall to begin in the spring.
On September 30, 1971, MGM and Scheider agreed that (1) Scheider would appear in and be paid $20,000 for the pilot film; (2) Scheider would be paid per episode, for any TV series that might result from the film: $5,000 the first year, $6,000 the second year, $7,000 the third year, $9,500 the fourth year, and $11,500 the fifth year; (3) if the pilot film resulted in a series, MGM would have a one-year option from date of completion of the pilot for Scheider’s services. In February 1972, negotiations continued between MGM and Scheider’s attorneys and all of terms were substantially agreed to except for a starting date.
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