December 11, 2007

Academy Prevails in Arbitration

“Resounding Victory” Over NATAS


For several months, the Academy of Television Arts & Sciences and the National Academy of Television Arts and Sciences (NATAS) have been involved in an arbitration seeking to resolve a number of key issues, including the awarding of Emmy® Awards for broadband content; the creation of a Spanish-language Emmys; jurisdiction over awards for nonfiction programming; and a dispute by NATAS over Interactive Emmy awards granted by the Television Academy's sister organization, the International Academy of Television Arts & Sciences, at the 2006 and 2007 MIPTV conferences in Cannes.

Today, the arbitrators announced an award, which greatly favored the Television Academy on all fronts.

In a statement released in response to the arbitrators’ decision, Dick Askin, Chairman and CEO of the Television Academy, said, “This is a resounding victory for our Television Academy, and duly establishes that NATAS’ misguided actions were clearly inappropriate. The ruling is a confirmation that NATAS was in violation of our existing agreement, and must cease and desist on any future violations of any unauthorized usage of the prestigious Emmy Award and brand without our approval.”

The following is a Summary of Findings prepared by George Hedges, legal counsel to the Television Academy (designated below as ATAS).

Summary of Findings by Arbitration Panel

I.          BROADBAND ISSUE

• NATAS’ “MySpace/My Emmy” contest is enjoined.

• NATAS is enjoined from awarding any new Emmys which infringe on the genres reserved to ATAS: drama, comedy, variety shows, music, “long form” including mini-series, reality shows, children’s animation, made-for-television movies and nonfiction filmmaking.

• Neither Academy may award new Emmys based on distribution platform, and neither may award new Emmys for non-television devices such as cell phones and IPODs.

• Both Academies may award Emmys for programming transmitted via Broadband on the same basis that Emmys have been awarded in the past for programming transmitted via broadcast, cable and satellite.

II.         IATAS (International Academy of Television Arts & Sciences)

• NATAS has not been damaged in any fashion by the 2007 Cannes ceremony by IATAS.

• NATAS must respond to ATAS’ request for a 2008 Cannes ceremony within 21 days of Order.

• Panel reserves jurisdiction to resolve accounting issues from Cannes ceremony.

III.       Spanish Language Emmy

• ATAS did not unreasonably withhold its consent to a Spanish Language Emmy contest.

• ATAS will have an opportunity to consent to the parties’ February 2007 Joint Committee proposal, or it may present facts in support of a refusal to consent.

IV.       Nonfiction Awards

• Denied NATAS’ request to enjoin ATAS’ nonfiction awards.

• ATAS may continue to hold contests and present Emmy awards in its current nonfiction category or in other categories relating to documentaries that are not produced by a news department or that are not otherwise reasonably characterized as broadcast journalism, as ATAS has done for the past 30 years.

V.        Attorneys’ Fees/Costs

• Panel reserves jurisdiction to determine whether attorneys’ fees or costs will be awarded.

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