Wednesday, January 31, 2007

Sidney Sheldon, 89; master of flashy, trashy bestsellers

Sidney Sheldon, a writer whose keen grasp of popular tastes fueled a string of feverishly romantic and suspenseful books that made him a perennial bestseller with millions of copies in print around the world, died Tuesday. He was 89. Sheldon died of pneumonia at the Eisenhower Medical Center in Rancho Mirage, according to his friend and publicist Warren Cowan.

A multifaceted writer, Sheldon won a screenwriting Oscar and a Tony award and had created popular television sitcoms before starting his first novel at the age of 52. But it was through the novels that he gained his overriding fame.

His books usually revolved around characters of great wealth, beauty, brilliance and bedroom prowess — none of which protected them from infidelity, betrayal and indiscretion. Sheldon's protagonists were usually women and his plots were so artfully constructed that his books are the very definition of a page-turner.

He was one of the world's most translated authors, selling more than 300 million books in 180 countries. They were printed in 51 languages, including Urdu, which is spoken in Pakistan and India, and Swahili.

With his second novel, "The Other Side of Midnight" (1974), Sheldon broke into the blockbuster ranks; the book remained on the New York Times bestseller list for 53 weeks — a record at the time.

About half of his 18 novels — with such titles as "Rage of Angels" (1980) and "Memories of Midnight" (1990) — were turned into television movies or miniseries. Demand for his stories was so great that CBS executives reportedly paid Sheldon $1 million for the rights to make a miniseries of 1985's "If Tomorrow Comes" before they had even read it.

Some critics said his dialogue was banal and his plots were unbelievable, but many grudgingly acknowledged the author's unusual talent at producing what the Washington Post once called "good junk reading time after time."

After Sheldon's 1987 novel "Windmills of the Gods" debuted at No. 1 on bestseller lists, Charles Champlin, then The Times' arts editor, wrote that Sheldon had found "a statistically wider audience each time, evidently satisfying everyone except most literary critics, who regard popularity and quality as incompatible."

Fans admired plotlines that were amazingly complex yet easy to follow — and the colorful characters who could never be counted on to do the expected.

"Sidney's longevity secret is that he is a great storyteller, a master of the narrative tale," his literary agent, Mort Janklow, told The Times in 2004. "Readers care about his characters, many of whom are women under threat. He has an instinctive ability to read women's emotions."

For his part, Sheldon said: "I don't write for critics. I write for readers."

From the early 1940s until almost 1970, he had written mainly for viewers.

Wins Oscar in 1948

His wry and witty script for "The Bachelor and the Bobby-Soxer" (1947) won him a 1948 Academy Award for original screenplay. The farce, which starred Cary Grant and Shirley Temple, was "uncloyed with cuteness," the New York Times review said at the time.

Sheldon was also a screenwriter for the Judy Garland-Fred Astaire musical "Easter Parade" (1948) and the Astaire-Ginger Rogers musical "The Barkleys of Broadway" (1949). After he helped adapt the Irving Berlin hit "Annie Get Your Gun" to the big screen, the 1950 Betty Hutton-Howard Keel vehicle received generally favorable reviews.

He wrote half a dozen plays for Broadway. His biggest hit was the musical "Redhead," starring Gwen Verdon, which ran for a little more than a year from 1959 to 1960 and brought him a Tony for co-writing the book.

After working on about two dozen films, he turned toward television, writing scores of episodes for two hit sitcoms he created — "The Patty Duke Show" (ABC, 1963-66) and "I Dream of Jeannie" (NBC, 1965-70), according to Sheldon's memoir "The Other Side of Me" (2005).

Creating a show for Duke was a challenge because "she was so extraordinarily talented I did not want to waste her abilities," Sheldon wrote. He decided she should play twin sisters but changed it to look-alike cousins to explain why the characters had grown up without knowing each other.

"Jeannie," which starred Barbara Eden and Larry Hagman, opened to mixed reviews but had a loyal fan base, Sheldon wrote. One episode, "Bigger Than a Bread Box and Better Than a Genie," featured Sheldon's wife, Jorja, as a fortuneteller and his mother as a character in a seance scene.

He also created the glamorous "Hart to Hart" series, starring Robert Wagner and Stefanie Powers, that aired on ABC from 1979 to 1984.

He was born Sidney Schechtel on Feb. 11, 1917, in Chicago, the son of Otto, a salesman, and Natalie, a homemaker. Unable to pay the rent, the family kept moving and Sheldon attended about a dozen schools.

Sheldon later remarked that his career as a writer was rather improbable considering his background.

Becoming a writer

"Both my parents were third-grade dropouts," he said. "My father never read a book in his life and I was the only one in my family to complete high school."

Sheldon won a scholarship to Northwestern University. Although he was forced to drop out halfway through his freshman year because of the financial pressures of the Depression, he recalled having an epiphany of sorts as he walked on campus one day.

"I saw all these well-dressed students, and I thought that years from now, no one will ever know they existed," he wrote years later. "I wanted to leave a mark, I wanted people to know I was here."

He made up the last name of Sheldon in the mid-1930s when he entered an amateur radio contest as an announcer.

At first, he worked in Chicago as a theater usher, shoe salesman and attendant in a nightclub checkroom. After the club's bandleader, Phil Levant, played a song Sheldon wrote, Sheldon left for New York City to try to make it as a songwriter. While there, he saw a lot of movies and turned his thoughts toward Hollywood.

Soon, he was in Los Angeles — he wanted to be a screenwriter but had promised his parents he would return to Chicago if he didn't have a job within three weeks.

Repeatedly, he was turned away from movie studio gates. As time was running out, he learned that producers hired readers to help analyze scripts. Since he had just read John Steinbeck's "Of Mice and Men," Sheldon sent synopses of the classic to every studio and was soon working at Universal for $17 a week, he told The Times in 1992.

At his boarding house, Sheldon met a young writer named Ben Roberts and they began collaborating on "B" movies like "South of Panama," "Gambling Daughters" and "Borrowed Hero," all released in 1941.

"I can't even call them 'B' pictures," Sheldon once said. "They were 'Z' pictures. But we got paid and we got screen credits. We were professionals."

At the start of World War II, Sheldon enlisted in the U.S. Army Air Forces but within months he was discharged for medical reasons. He began collaborating with Roberts on a revival of the musical "The Merry Widow," which ran for nine months beginning in 1943.

Two other musicals they wrote, the comedy "Jackpot" and the fantasy "Dream With Music," had brief Broadway runs about the same time.

Back in Hollywood, Sheldon won an Oscar for "The Bachelor and the Bobby-Soxer" but couldn't wait to leave Shrine Auditorium.

"On what should have been the happiest night of my life, I was suicidal," Sheldon wrote in his autobiography of the paralyzing mood swings he experienced. A psychiatrist soon diagnosed him as manic-depressive, Sheldon wrote in his memoir.

In midlife, he turned to writing novels, a career change that came about almost accidentally, he often told interviewers:

"I had an idea for something complicated, that delved into people's minds and motives to a greater extent than I could put in any film or TV script. Trying to put it into novel form was the only answer."

"The Naked Face," published in 1970, did not sell well, but readers loved his second novel, "The Other Side of Midnight," the so-bad-it's-good guilty pleasure set in World War II. It centers on a beautiful French woman named Noelle Page who is spurned by a dashing American pilot and spends the rest of her life obsessed with him.

Almost all of Sheldon's books hit the bestseller lists after that.

In his fourth novel, "Bloodline," a beautiful heiress becomes the target of the man who murdered her father. In his sixth, "Master of the Game," the Blackwell family rises to riches in the diamond mines of South Africa. In 1991's "The Doomsday Conspiracy," a naval intelligence officer must find witnesses to the crash of a weather balloon that could actually be a UFO.

His 18th novel, "Are You Afraid of the Dark?," which was published when he was 87, was a New York Times bestseller shortly after its release in 2004.

In his personal life, Sheldon was the opposite of the love 'em and leave 'em cads who populate so many of his works.

A family man

After a brief first marriage, he was married to his second wife, Jorja Curtright, for 33 years; she died in 1985 of a heart attack. In 1989, he married Alexandra Kostoff. Besides his wife, he is survived by a daughter from his second marriage, Mary, who is a novelist; two grandchildren; and his brother Richard.

During most of his writing years, Sheldon and his family traveled the world together, researching and taking photos of the locations where he planned to set his next novel.

"If you read the description of a hotel, or of a restaurant meal, you can bet we actually stayed at that hotel or ate that exact meal…. That's what makes my books so realistic," he told an interviewer.

He wrote every day, first "ad-libbing" an initial and very long draft, which was transcribed by a secretary, and then rewriting and editing what he had written.

Over the years, he also wrote popular children's books. He owned a string of luxurious homes, finally settling in Beverly Hills and in a five-house compound in Palm Springs.

He told the Times in 2000 that he thought the profession of author suited him best.

"In a book, your imagination has no limits," Sheldon said. "There is no budget to worry about, you can have as many characters as you want, you can give them all yachts…. It's remarkable to write a novel, because the author is the star."

Services will be private.

The family suggests that memorial donations be made to Childrens Hospital Los Angeles, 4650 Sunset Blvd., Los Angeles 90027. A celebration of Sheldon's life will be held later.

Profitable page-turners:

The novels of Sidney Sheldon

• "The Naked Face"

• "The Other Side of Midnight"

• "A Stranger in the Mirror"

• "Bloodline"

• "Rage of Angels"

• "Master of the Game"

• "If Tomorrow Comes"

• "Windmills of the Gods"

• "The Sands of Time"

• "Memories of Midnight"

• "The Doomsday Conspiracy"

• "The Stars Shine Down"

• "Nothing Lasts Forever"

• "Morning, Noon & Night"

• "The Best Laid Plans"

• "Tell Me Your Dreams"

• "The Sky Is Falling"

• "Are You Afraid of the Dark?"

Thursday, January 25, 2007

Send Robert Wagner a Birthday Message

Robert Wagner's 77th birthday is February 10. The "Birthday Fax" will be sent to him again this year - for the uninitiated, this is a fax which contains birthday wishes from any fans who wish to participate. If you want to send a birthday greeting to him, go to his official Web site:

http://www.robert-wagner.com

and on the front page at the top, there's the info you need.

Wednesday, January 24, 2007

TV Notes: Vaughn, Wagner play con game

In the 1960s, they were the sauve and debonair private eyes and spies who drew millions to TVs for weekly tongue-in-cheek adventures. Now, Robert Vaughn ("The Man From U.N.C.L.E.") and Robert Wagner ("It Takes a Thief") have reunited for a single episode of AMC's "Hustle," an "Ocean's Eleven"-type con series, in which the still-charming actors, both in their 70s, will match wits and tailors to charm a new generation of viewers.

Vaughn stars in the ensemble British series, co-produced by AMC and BBC, as the only American member of an elite group of con artists specializing in the "long con" -- an elaborate sting whose marks always deserve it. In this episode, shot in Hollywood and airing in April to launch the show's fourth season, the group travels to California to trick Wagner, a shady millionaire, into thinking he can buy the Hollywood sign from them.

Wagner said he was drawn to the show because of "the whole idea. It's a tongue to cheek, and it's played so well." What's more, its structure was written so solidly, he said, "it's like you're walking into a kind of Rolls-Royce."

Wagner, 76, rose to television stardom in "It Takes a Thief" as playboy spy Alexander Mundy and also starred as the rich and witty sleuth Jonathan Hart in the 1980s series "Hart to Hart." He was introduced to a new generation in later years by Mike Myers, who worked with him on "Saturday Night Live" and cast him as Number Two in the "Austin Powers" movies.

He said he rarely guests on television shows, but his appearance in the finale of "Boston Legal" last year, where he played Denny Crane's counterpart in the Los Angeles law offices of Crane, Poole & Schmidt, led some to hope he would return in his own spinoff.

It was "Hustle" that revived Vaughn's career, still highlighted by his portrayal of spy Napoleon Solo in "The Man From U.N.C.L.E."

Recently, the 74-year-old actor had been seen in several guest spots on "Law & Order" and in a string of commercials for law firms when he was tapped to play hustler emeritus Albert Stroller in the series.

"The BBC wanted to have it all British people, and the production team wanted me," Vaughn said.

By the time he was cast, shooting had begun, he said. "Suddenly I got a call from my British agent saying, 'You have to leave for London tonight.' I took the next flight and I was working the next morning."

"This is the first chance we've had to work together, but we've known each other for a very long time," Wagner said.

"A very long time," Vaughn emphasized. (In 1974, Wagner and Vaughn worked on "The Towering Inferno" but never shared any scenes.)

Marc Warren, whose character became the gang's leader after actor Adrien Lester left, said he learned much about acting and professionalism from Vaughn and Wagner.

Warren said he'll never forget watching the sunset from the Hollywood sign with Wagner and Vaughn and afterward driving with them in a convertible down Hollywood Boulevard. "That was amazing."

Sunday, January 21, 2007

They know what it takes

Robert Wagner, once of 'It Takes a Thief,' and Robert Vaughn, of 'The Man From U.N.C.L.E.,' pull off a 'Hustle.'

In the 1960s, they were the sauve and debonair private eyes and spies who drew millions to TVs for weekly tongue-in-cheek adventures. Now, Robert Vaughn ("The Man From U.N.C.L.E.") and Robert Wagner ("It Takes a Thief") have reunited for a single episode of AMC's "Hustle," a slick "Ocean's Eleven"-type con series, in which the still-charming actors, both in their 70s, will match wits and tailors to charm a new generation of viewers.

Vaughn stars in the ensemble British series, co-produced by AMC and BBC, as the only American member of an elite group of con artists specializing in the "long con" — an elaborate sting whose marks always deserve it. In this episode, shot in Hollywood and airing in April to launch the show's fourth season, the group travels to California to trick Wagner, a shady millionaire, into thinking he can buy the Hollywood sign from them.

"They set me up beautifully. I pay 5 million bucks," said Wagner, dressed to perfection in aviator glasses and mustache, between takes on the Beverly Hills location last month.

Wagner said he was drawn to the show because of "the whole idea. It's a tongue to cheek, and it's played so well." What's more, its intricate structure was written so solidly, he said, "it's like you're walking into a kind of Rolls-Royce." Wagner exuded an old-fashioned graciousness that, heightened by his signature smooth voice and humor, had clearly won over cast and crew, some of whom took pictures to show their parents.

Wagner, 76, rose to television stardom in "It Takes a Thief" as playboy spy Alexander Mundy and also starred as the rich and witty sleuth Jonathan Hart in the popular 1980s series "Hart to Hart." He was introduced to a new generation in later years by Mike Myers, who worked with him on "Saturday Night Live" and cast him as Number Two in the "Austin Powers" movies.

He said he rarely guests on television shows, but his appearance in the finale of "Boston Legal" last year, where he played Denny Crane's counterpart in the Los Angeles law offices of Crane, Poole & Schmidt, led some to hope he would return in his own spinoff.

It was "Hustle" that revived Vaughn's career, still highlighted by his portrayal of spy Napoleon Solo in "The Man From U.N.C.L.E." Recently, the 74-year-old actor had been seen in several guest spots on "Law & Order" and in a string of commercials for law firms when he was tapped to play hustler emeritus Albert Stroller in the series.

"The BBC wanted to have it all British people, and the production team wanted me," Vaughn said. By the time he was cast, shooting had already begun, he said. "Suddenly I got a call from my British agent saying, 'You have to leave for London tonight.' I took the next flight and I was working the next morning."

Having the work is great for a few reasons, said Vaughn, looking dapper in a three-piece suit and speaking in his own trademark speech, a posh mid-Atlantic accent. One reason is that the crew is the most social he's ever worked with. ("We've all been together all the time. They're wonderfully funny.") The other is that "any time you're on television every week for an extended period of time, everybody else says, 'Oh, he's alive and working. He's not dead.' That's always good."

Vaughn said he hadn't been to Los Angeles since 1997, when his star was installed on Hollywood Boulevard. Taking the British cast around to his old haunts proved disappointing, though. "Everything had disappeared, gone, everybody had died. The only person remaining alive is this person here," he said, waving at Wagner, who was passing by his trailer.

A 'Towering' partnership

IN 1974, Wagner and Vaughn worked on "The Towering Inferno" but never shared any scenes.

"This is the first chance we've had to work together, but we've known each other for a very long time," Wagner said. "A very long time," Vaughn emphasized.

Vaughn said he hasn't played a hustler before and has become knowledgeable about how it works. "First of all, you can never con an honest man, because the man is actually knowingly participating in the con. The interesting thing about a con is that people who are conned are usually wealthy to begin with. They can afford to lose some money. But even when they lose the money, they're so embarrassed, being a well-known person, they never tell the law."

His crew never robs the poor, he said. "We steal from the rich and keep it all. That's our theory."Because there are only a limited number of variations on a con and a limited number of moneyed venues to exploit in England, the producers decided to travel to the States, said actor Robert Glenister, who plays one of the hustlers. Fortunately, as it turned out, since Vaughn's character has an American back story, there could be a reasonable explanation why the gang would go to Hollywood and Las Vegas.

Whether they will return to the States, or whether Wagner will reappear in the cast, or whether there will be another season all have yet to be decided.

Working with Wagner was a "great thrill," Glenister said. "Not just for me, but for all of us. He's wonderful and such a nice man; he's almost part of the gang. We feel as if we've adopted him really."

Marc Warren, whose character became the gang's leader after actor Adrien Lester left, said he learned much about acting and professionalism from Vaughn and Wagner.

Warren said he'll never forget watching the sunset from the Hollywood sign with Wagner and Vaughn and afterward driving with them in a convertible down Hollywood Boulevard. "That was amazing."

Thursday, January 18, 2007

Lively — and revealing — 'Legends'

BEVERLY HILLS — Joan Collins showed off more than her talents at Tuesday night's opening performance of her traveling stage play, Legends, when the zipper on the back of her dress slid down, exposing the 73-year-old's lingerie-covered backside to a theater packed with '80s TV legends.

Among those who were treated to the moon: Hart to Hart's Robert Wagner and Stefanie Powers; Knots Landing's Michele Lee; Falcon Crest's Lorenzo Lamas; and Dynasty's Pamela Sue Martin, Al Corley, Gordon Thomson and Pamela Bellwood.

On stage, Collins' co-star and Dynasty rival, Linda Evans, 64, struggled in vain to zip Collins up. "I tried, but it just didn't want to stay," Evans sighed at the after-party.

So Collins momentarily broke the fourth wall, vocally acknowledging her "wardrobe malfunction" and inspiring Evans to ad-lib "nice (butt)." Collins, who also was battling the flu, spent the rest of the show delicately sidestepping her way across the stage, occasionally clasping her hands over her posterior.

"That poor thing; what a trouper," Powers said. "I once had a set fall down on me."

At the after-party, Collins shared a booth with sister Jackie, who just finished her latest racy novel, Drop Dead Beautiful, about the continuing antics of heroine Lucky Santangelo

"How embarrassing," Joan said of the mishap. "But I had to make it fun, because if you're not having fun, neither is your audience."

Joan's husband, Percy Gibson, is a producer on the show, which casts Evans and Collins as aging actress rivals. After its two-week engagement in Los Angeles, the show will continue to Phoenix, Denver, Chicago and Boston before concluding in New Haven, Conn., on May 13.

It also was a night to remember those who could not attend. The most missed face was Dynasty patriarch John Forsythe, who had colon cancer surgery in September and was released from the hospital three weeks ago.

Forsythe's wife, Nicole, said her husband, who turns 89 Jan. 29, is cancer-free but is now fighting a leg hematoma. "He thinks he can get up and walk, because he's not getting any pain to his brain," Nicole said.

She planned to make the two-hour drive back to their Santa Ynez Valley ranch the same night so she would not worry her husband, who "saw me getting all dolled up."

Wednesday, January 17, 2007

RJ on Hustle

Veteran TV actor discusses what it's like to be in on the con

Robert Wagner recently sat down with television critics to discuss and promote the new season of the AMC original series Hustle which stars Robert Vaughn. Mr. Wagner appears in the premier episode of the season and his character is instrumental in bringing the London-based characters/actors to Hollywood for a magnificent caper.

Can you talk about coming into an established ensemble and what you thought about it, and how did you get involved with the show?

Robert Wagner: I had seen Hustle, several [episodes]. I liked the writing very much, and I was very flattered that they asked me to come... And I admired the cast very much, and I liked this character a great deal, and it was very well written - all the things that an actor enjoys.

Have you ever worked with Robert Vaughn before?

Robert Wagner: Yes, we worked together in Towering Inferno, but we didn't have any scenes together.

Was this a great chance for you to work together?

Robert Wagner: I enjoyed it very much, and Robert's so wonderful in this character and is the glue that keeps it all together, and I enjoy working with him very much. We've known each other for a long time. We both started around the same time.

What was the biggest thing you pulled off as Alexander Mundy on It Takes a Thief?

Robert Wagner: I think the biggest thing we pulled off was to have Fred Astaire come on the show. That was a big help. And -- the way we introduced him on the show was we sucked all the money out of the casino in Venice through the vacuum. You know, they put them in the wall. Did you ever see that show?

No, I did not.

Robert Wagner: It was terrific. We sucked all the money out. Fred Astaire went dancing away with all the money, and it was terrific. We had some very good cons on that. But this show is so well written, and it does have so many different aspects to it. And it's subtle, you know. I think it has a subtlety about it that is very ingratiating and the humor that's there is, I think, really wonderful...

How much are you still sort of defined by your past roles in the public eye? Can you still not walk down the street without somebody remembering you from Hart to Hart or has that waned over the years?

Robert Wagner: It's just amazing. Television is just amazing - how many people see it and how many people recognize you, and I think once you've had the opportunity and have been in front of the public for the amount of time that Robert [Vaughn] and I have been there, it's very flattering to have people come up and say hello to you. It's a tremendous industry. I've been in places where people come out of the woodwork. And you would never think -- small towns in France or traveling through Europe - and [there are] so many of those people there that recognize you, you know, and you've been in their homes. I find it to be a very flattering thing.

Are you only in the first episode of this show?

Robert Wagner: (Nodding 'yes'.)

And you did a guest stint on Boston Legal. Is that the sort of work you want to do now, just recurring guest appearances?

Robert Wagner: It depends on the character. If it's well-written, you know -- on Boston Legal I loved that character. David Kelley and Bill D'Elia wrote that, and it was a really interesting guy to play. This [Hustle] is a very well-written show, as I said before. That's what really attracts me.

Are there any plans to do another Boston Legal episode?

Robert Wagner: I would -- I don't know. If they come to the West Coast.

What are your favorite roles or movies you cherish the most in which you have appeared?

Robert Wagner: I've really been very fortunate, you know, to have worked with some wonderful, wonderful people. One of the big highs was doing Cat on a Hot Tin Roof with Lawrence Olivier and my late wife, Natalie Wood. And we did that in England, and we had, like, a five or six-week rehearsal. Tennessee Williams was there. I watched them rewrite part of the third act of that. It was a very highly charged, emotional time for all of us. Very exciting. That was a highlight. I've had a lot of them, but that kind of stands out right now.

The new season of Hustle will premier later this spring on AMC.

Wednesday, January 10, 2007

C.A. Rejects Robert Wagner’s Bid for Share of ‘Charlie’s Angel’s’ Profits

An agreement between actor/producer Robert Wagner and the late Aaron Spelling’s production company, which led to the creation of the “Charlie’s Angel’s” television series, does not entitle Wagner to share in the profits of the two Charlie’s Angels films, the Court of Appeal for this district.

Ruling in what it called an “unusually complex case” that required multiple briefs and two oral argument sessions, Div. Seven agreed with Los Angeles Superior Court Judge Conrad Aragon that the unambiguous language of the contract supported Columbia Pictures’ argument that Wagner had no rights in the films.

Columbia purchased all of the assets of Spelling-Goldberg Productions, Inc. in 1982. Those assets included rights under a contract that Wagner and his wife, Natalie Wood, who died in 1981, had signed with Spelling-Goldberg years earlier.

The primary purpose of the agreement was to secure the couple’s services for a television movie that Spelling-Goldberg was preparing to produce. The contract, however, also included a provision under which Wagner and Wood would join Spelling-Goldberg in submitting ideas to ABC for a television series for the 1974-75 season.

If ABC agreed to produce a series pilot based on one of those ideas, Wagner and Wood were to receive one-half the net profits derived from the “exploitation of all ancillary, music and subsidiary rights...in connection with” the “right to exhibit photoplays of the series.”

One of the concepts was for a series called “Harry’s Angels,” later renamed “Charlie’s Angels.” The series ran for five years.

During the mid-1990’s, Columbia made a deal with the heirs of the show’s writers to obtain the rights to make one or more films based on the series. The films were released in 2000 and 2003.

After Columbia rejected Wagner’s claim that he and his family trusts, which had succeeded to Wood’s rights after her death, were entitled to half the company’s profits under the “subsidiary rights” provision of the old agreement, Wagner sued, but Aragon ruled that no triable issue existed and granted summary adjudication on the plaintiff’s breach of contract claim.

The parties then stipulated that the rejection of that claim effectively resolved Wagner’s claims for declaratory relief and an accounting, and judgment was entered for Columbia.

Justice Earl Johnson Jr., writing for the appellate court, explained that under copyright law, the pilot script was a “work[ ] made for hire,” giving Spelling-Goldberg absolute rights to exploit it in other media, except as otherwise provided by contract.

A provision of the writers’ contract with Spelling-Goldberg, however, incorporated a collective bargaining agreement between the producers and the Writer’s Guild. Under the “separated rights” provision of that agreement, Johnson explained, the writers retained the right to exploit the material for certain purposes, including making a motion picture.

That right was subject to a qualification, the justice added. If the writers had offered the film rights for sale within five years, the producer would have had a right of first refusal.

Had that occurred, Johnson explained, Wagner would have had a possible claim based on the “subsidiary rights” language. But because Columbia’s predecessor’s contract with the writers was completely independent of the company’s negotiations with their heirs—who could have sold the film rights to anyone—more than a decade later, the film rights were not ancillary to the television series, the justice wrote.

Attorneys on appeal were Samuel R. Pryor, Sally S. Liu and Matthew R. Belloni of Alschuler Grossman Stein & Kahan for Wagner and Martin D. Katz, Lisa N. Stutz and Jean-Paul Jassy of Sheppard Mullin Richter & Hampton for Columbia.

The case is Wagner v. Columbia Pictures Industries, Inc., B184523.

Tuesday, January 09, 2007

Robert Wagner loses bid for 'Charlie's Angels' millions

LOS ANGELES -- Veteran actor Robert Wagner's claim for millions of dollars in profits from the "Charlie's Angels" movies was on Monday rejected by a Los Angeles appeals court.

Wagner had claimed he was entitled to a share of the proceeds from 2000's "Charlie's Angels" and 2003's "Charlie's Angels: Full Throttle" on the grounds he had helped develop the 1970s television show on which they were based.

But in a written ruling released Monday, a three-justice panel of the Los Angeles Court of Appeal upheld the decision of a lower court in 2005 which had dismissed the actor's multi-million-dollar claim.

The "Charlie's Angels" remakes, starring Cameron Diaz, Lucy Liu and Drew Barrymore, grossed more than $500 million worldwide.

Wagner's lawsuit had argued that he was eligible for a share of the profits because the films were exploitations of the television series he and his late-wife Natalie Wood had helped to develop.

The hit television show ran from 1976-81.