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What Can Conan O’Brien Say About NBC and Jay Leno During the Emmy Awards?

Conanzucker

If O'Brien wins Sunday in the outstanding variety, music or comedy series category for his aborted "Tonight Show" -- a distinct possibility, given the strong Hollywood and populist sentiment behind him in his public separation from NBC -- the host is legally prohibited from saying whatever he wants about his former bosses during an acceptance speech. 

That's because O'Brien's settlement deal with the network contains strict rules against making "disparaging" comments about NBC or NBC Studios, Jay Leno and NBC executives Jeff Zucker, Dick Ebersol, Jeff Gaspin and Marc Graboff.

Those limitations end Sept 1, but the Emmys, which air on NBC, take place three days before the deadline. The event marks one of the first times that O'Brien and his former bosses will be together in the same room. A win for "The Tonight Show With Conan O'Brien" and an O'Brien acceptance speech would present a rare moment of drama at the Emmys.

So what can Conan say? More than you might think.

We've learned that Conan's settlement deal defines disparaging comments as those that are "false" and would be viewed by a reasonable person to be "insulting or defamatory."

The key word is "false." O'Brien can poke fun at his former bosses or even take a shot at Leno as long as his remarks are not both inaccurate and scornful.

"He can still have a field day," says attorney Pierce O'Donnell, who has handled employment settlements in Hollywood cases but was not involved in the O'Brien deal. "He can make fun of NBC's ratings, its shows, as long as he's not saying anything false."

 

O'Brien left NBC in January after a wild turn of events that saw the network announcing that his "Tonight Show" would be bumped from 11:35 p.m. to 12:05 a.m. to make room for Jay Leno, O'Brien publicly refusing to comply, and NBC and O'Brien's reps working out a $45 million deal for O'Brien and staff to leave -- all while the host continued to slam NBC on his show each night. 

Since the separation, O'Brien and NBC have been careful to honor the terms of the settlement. Conan was prevented from making any media appearances until May 1, so he sat down with CBS' "60 Minutes" for an interview that aired May 2. He is not allowed to host another TV program until Sept. 1, so he took his act on the road for a 30-city live tour.

The "non-disparagement" clause in the deal was heavily negotiated and also prohibits top NBC executives from making false and insulting remarks about O'Brien until Sept. 1.  

O'Donnell said that the specific end date and the "false" requirement are somewhat unusual for high-profile settlements and probably reflect leverage O'Brien had in negotiations. Because O'Brien's settlement allows him to host another show after Sept. 1, his reps -- led by agent Rick Rosen, manager Gavin Polone and lawyers Leigh Brecheen and Patty Glaser -- likely wanted to make sure he could say what he wanted on a new show without fear of interference from NBC. O'Brien's still-untitled TBS show is set to bow in November.  

Regardless, sources in the Conan camp said he has no plans to say anything negative about NBC or anyone else at the Emmys on Sunday. If he did, of course, NBC could always hit the censor button on the live telecast. NBC and O'Brien reps declined to comment.

NBC Tries to Edit Around Slash's Team Coco Pin

Did Slash really wear an I'm with Coco pin on The Tonight Show last night? NBC doesn't want you to know, but it's true.

NBC Attempts to Edit Around Slash's Team Coco Pin

[via I'm With Coco]

When Slash was booked to perform on last night's Tonight Show, NBC surely didn't think he would show up wearing an I'm with Coco pin. But, he did. Slash went on Leno's show to proudly and somewhat brazenly show where his loyalties lay in the Late Night Wars.

NBC Attempts to Edit Around Slash's Team Coco Pin

As expected, Leno's crew worked around the problem and did all they could do make sure that Slash's pin didn't get much camera time. In fact, it only made this brief cameo in the performance.

Conan Obrien currently leads time poll for most influential people in the world

Currently Conan is in first place with a ranking of 94! (Leno & Zucker are the lowest rated people with a score of "9", the second lowest person has a score of 17!) If you haven't voted or couldn't vote earlier, head over and give Coco some love.

The 2010 TIME 100 Poll - TIME

The Internet is a-buzz with support for Conan O’Brien, but there seems to be one image that’s the beating heart of the entire campaign. LA-based designer Mike Mitchell’s “I’m with Coco” poster has reached levels of ubiquity we haven’t seen since Shepard Fairey took on Obama.

“I’m a huge Conan fan,” Mitchell says. “I went to one of the first test shows [for The Tonight Show] here in LA, and I’ve been a big fan for a long time.” Of the late-night debacle at NBC, he adds: “The whole thing’s just a crappy situation.”

Mitchell set out to design a campaign-style poster, which initially read “I’m with Conan in 2010,” in the hopes that it would “maybe start a movement thing?” A friend suggested just “I’m with Conan,” and Mitchell landed on the far-catchier “I’m with Coco.” It’s a slogan even Swiss Miss could be jealous of.

Mitchell says he’s heard from an O’Brien staffer who told him O’Brien had seen the image, and Mitchell’s hopeful that maybe the host will reach out himself. Ultimately, though, the fan-turned-iconographer just wants the comedian to land somewhere, “and hopefully he can bring his whole staff with him. It’s embarrassing as an Angeleno: We bring Conan all the way here [from New York] and after seven months say ‘never mind’?”

The Man Behind The 'Tonight' Controversy

http://media.npr.org/assets/artslife/arts/2009/12/zucker_custom.jpg?t=1259955479&s=1Jeff Zucker's rise at NBC over more than two decades has been meteoric. He is credited with turning the Today Show into a profit behemoth and NBC News into a consistent ratings leader.

Zucker landed atop NBC Entertainment and, more recently, became president of the entire network. But with NBC's last-place ratings in prime time and an open brawl among its top late-night comics, Zucker's record is getting a harsh rewrite.

"There's really no way he can disclaim it," says James Poniewozik, the television and popular culture critic for Time magazine. "He's been running the network in one capacity or another for about the past 10 years. You know, it had come off a decade of dominance — of greatness in the '90s, and now it is in shreds."

The network had plummeted from last to first in prime time, as it failed to find broad-gauged dramatic hits and failed to stick with several shows, like police drama Southland, that showed some promise. Last year, however, change came to NBC's late-night comedy lineup — long a cultural touchstone and profit center for the network.

Zucker had promised Conan O'Brien of NBC's Late Night in 2004 that he could take over the Tonight Show last year. But Jay Leno's ratings on the Tonight Show were still strong. Zucker wanted both in the fold: O'Brien for the future and Leno for now.

Thus Zucker created The Jay Leno Show, an hourlong daily variety show at 10 p.m. It would at once keep Leno from decamping and competing with O'Brien, and dispense with expensive hourlong scripted dramas that had been a hallmark of NBC's "Must-See TV" lineup.

"What they did at the 10 o'clock time period was pretty much rolling the dice. It was all or nothing," says analyst Larry Gerbrandt of Media Valuation Parners. "Either all five nights worked, or they didn't."

The gamble failed. Both comics suffered from diminished ratings and the shows were seen in competition for much the same audience. And the ratings plunge also angered the executives at local NBC stations, which rely on the draw of the network's 10 p.m. shows to retain viewers for their lucrative late-night newscasts.

"You lose so much leverage when you drop that precipitously in terms of ratings, across the board," Gerbrandt says, "in terms of your ability to sell advertising; your ability to charge premium rates; your ability to attract the top talent; and the ripple effect that has on local stations."

Now, in a complete reversal of programming decisions Zucker made only a few months ago, Leno is being taken out of that 10 p.m. hour and shoehorned back into his familiar 11:30 time. And that has unleashed an outcry by O'Brien's fans, as well as a public clash on the network's own airwaves.

O'Brien told his audience he refused to move his own show back to a start after midnight — and joked that he was trying to sell a "barely used late-night talk show" on Craigslist. Senior NBC executive Dick Ebersol shot back, calling O'Brien "gutless" in an interview published in Friday's editions of The New York Times.

Leno got in his own crack Thursday night:

"As you know, with all of the controversy going on here at NBC, actually, The Tonight Show with Conan O'Brien's ratings have gone up," Leno said, then added, as if to his rival: "So — you're welcome!"

Little more than a month ago, GE announced it would be selling the controlling stake in the network's parent company, NBC Universal, to the cable giant Comcast. Zucker is the CEO of NBC Universal and Comcast announced he would stay on in that role. Poniewozik of Time says Zucker is managing for the short term in picking Leno over O'Brien.

"Jay, they figure, will pull a better rating right now," Poniewozik says. "I think that NBC is in such a bad situation — and so badly wants to turn things around and make things look good for the Comcast acquisition and all that — that they just do not feel that they have the luxury of long-term thinking."

Zucker's strategic vision was that broadcast television was a fool's errand — that the Internet, cable TV and other diversions had made conventional commercial television untenable for the big networks.

"I would say in Zucker's defense that he's gotten it right about some of the big-picture things, about what are the problems of broadcast TV today," Poniewozik says. "I think that NBC came up with what turned out to be exactly the wrong solutions to those problems."

Lawyers for NBC and O'Brien are trying to work out the terms of his departure. Poniewozik says Zucker's lasting legacy may be to have damaged the brand of NBC and the aura that surrounded the Tonight Show.

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