Tuesday, June 28th, 2005



Good morning.  It’s Tuesday, June 28, 2005, and this is your first early morning briefing.

Peer to peer file sharing services can be held accountable for copyright piracy committed by individuals who are encouraged to use its service for the illegal downloading of music and movies.  That unanimous decision was handed down yesterday by the US Supreme Court which found in favor of the music and movie industry in the case of MGM Inc. et al. v. Grokster, Ltd., et al.  Justice David H. Souter delivered the Court’s opinion:  “We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.”  The Supreme Court decision overturns the previous rulings of two courts that had both sided with Grokster and StreamCast Networks Inc. At the core of the defense argument was a 1984 case, Sony Corp. v. Universal City Studios. There the court found Sony was not responsible for copyright pirating by consumers using VCRs to tape TV programs and movies, because Sony’s intention was that end users would use the machines to time-shift their viewing and not to illegally share the recorded material. Justice Souter continued, “Grokster and StreamCast are not … merely passive recipients of information about infringing use. The record is replete with evidence that from the moment Grokster and StreamCast began to distribute their free software, each one clearly voiced the objective that recipients use it to download copyrighted works, and each took active steps to encourage infringement.”  The decision also says, “… there is no evidence that either [Grokster or StreamCast] made an effort to filter copyrighted material from users’ downloads or otherwise impede the sharing of sharing of copyrighted files.” 

Tonight’s Premieres:
ABC:     Empire at 9p
NBC:    Average Joe: The Joe Strikes Back at 8p


A veritable bevy of new series orders coming to BBC America including:

  • Viva Blackpool (BBC AMERICA/BBC co-production): The story of Ripley Holden, a wannabe Donald Trump, who dreams of creating his own Las Vegas. Broadway quality song and dance routines performed by the characters include classic tracks from Elvis Presley, Nancy Sinatra, Billy Idol, The Smiths, Jimmy Cliff and Diana Ross. (6 x 60m)
  • Bodies (Hat Trick Prods): A hospital drama, billed as The Shield for the medical profession. Says BBC America, “It’s ER without the happy endings.” (6 x 60m)
  • Love Soup (BBC AMERICA/BBC co-production): A comedy/drama is about a perfectly suited couple who’ve never met. (6 x 60m)
  • The Robinsons (BBC AMERICA/BBC co-production): A comedy about two brothers, from a perfectly normal ordinary family … except of course for Ed. (6 x 30m)
  • Teachers (Tiger Aspect): Series focuses on the lives, loves and timetables of a group of hapless teachers no sane parent would want teaching their kids.  In fact the teachers have more in common with their students than they’d like to admit.  (8 x 60m)
  • Bad Girls (Shed Productions): A female prison drama packed with love affairs, homemade weapons, hardened officers, and dangerous women. (10 x 60m)

In development at cable network FX is a series based on the Lions Gate film from Paul Haggis, Crash.  The television production will be produced by Lions Gate Television, and conversations are ongoing with film cast members to reprise their roles if the film is made into a series.

NBC has decided not to go forward with its project based on events of 9/11.  Originally announced last May at the NBC Upfront, the project from Imagine and NBC, and was introduced as an 8 hour miniseries. While neither NBC or Imagine are officially commenting, several reports point to the financial aspects of the project as a major concern.


Over the years, many a person has told me to go “stick it in your ear!”  Well, I’ve finally decided to do that, and share it with you.  Beginning today, right now, Cynopsis is launching Cyn opsis: In Your Ear – the podcast version.  Not familiar with podcasting?  Think of it as an audio file, or even a poor man’s radio broadcast.  Cyn opsis: In Your Ear is an audio mp3 file of this daily email – read by yours truly, not a professional by any means at this announcing stuff, but a happy participant. It is available for downloading right into your iPod or mp3 player every morning by 630a (okay, maybe 645a). The new  podcast certainly won’t replace the email version as there are many components to this written version you won’t get in the podcast (ratings charts, classifieds, primetime listings, among others). To subscribe to Cyn opsis: In Your Ear – the podcast version, learn more about how to download and what you’ll need (it’s ridiculously easy!), go to the Cynopsis website at www.cynopsis.com. And if you’re one of those folks that say, I’d never download this every morning, it’s too much trouble – know that the download and copying into your mp3 player can be done completely automatically. You don’t need to do a thing except listen.  It’s just that easy. And this is just the beginning – by this fall look for Cyn: Kids, Cyn: MCE and interviews “live to tape” for Cyn:Weekender, all in podcast form. 

HBO will move the first weekly airing of its series Six Feet Under back to Sunday nights as of July 10. The show had debuted its current fifth and final season on June 6 in a new Monday night time period in an effort to build a second night of original programming. The results have been lackluster.  Six Feet Under was averaging 2.2 million viewers on Mondays. Last season it averaged 3.7 million viewers on Sunday nights. Starting July 10, Six Feet Under will air at 9p and serve as lead-in to Entourage and Comeback from 10-11p.  Entourage and Comeback have been airing on Sundays from 9-10p, averaging just 1.4 million viewers and 1.1 million viewers respectively.  The hope is Six Feet Under’s lead-in will help bolster those numbers. On Monday nights, all three shows will get a second play with Entourage/Comeback at 9p and Six Feet Under at 10p.

Programming Note for tonight: ABC News will broadcast live coverage of President Bush’s address at Fort Bragg on from 8-9p.  CBS, NBC and Fox have not announced definitive plans to carry the address. All of the 24/7 cable news networks are expected to provide full coverage.

Fine Living Network will launch the Italian lifestyle series Dolce Vita (FBC) on Sunday July 3rd.  The six-part, 30m series airs every Sunday at 930p thru until the end of September.  According to its press info, Dolce Vita takes its viewers on an unprecedented journey behind the scenes of Italian fashion, design and food, and looks at the famous companies, designers and craftsmen who have made Italy the world leader in fine living.  Each half-hour episode looks at three different Italian luxury brands that best represent modern Italian lifestyle.

Animal Planet will launch the new season of All-New Planet’s Funniest Animals (Brad Lachman Prods) with a new host, Keegan Michael-Key, on June 30 at 8p. Beginning its 7th season, the network has ordered up 13 eps and 2 specials.
Correction :  20th’s syndicated off-net series Reba will begin airing on the WB affiliate stations in the fall of 2006, not in January 2006.

Miss America has been crowned by CMT.  The Miss America Organization and the cable net CMT have reached a multi-year agreement to carry  the pageant  beginning in January 2006 and again in 2007, with options thru 2011.  CMT says it will engage all of its promotional resources across the MTV Networks to promote the event, with supportive Miss America programming airing on VH1 prior to the January 2006 premiere.

MTV Networks newest effort Logo debuts on June 30 with 10 million subs. Originally signed on as supporting sponsors are Orbitz, Paramount Pictures and Suburu, are now joined by a handful of new charter advertisers including Lions Gate Films, Key West Tourist Board, Miller Lite, Motorola, sibling Showtime Networks and Tylenol PM. 

Television producer-director Carol Scott Caramadre, who won her fourth Daytime Emmy Award just last month for General Hospital, died June 24 after a two and a half year battle with chondro sarcoma cancer, at her home in Studio City, California.  She was 56. Under her end-credit nameline, Carol Scott, was one of a handful of females breaking new ground in the television industry during the 1970’s, 80’s and 90’s, as an associate director, a tape and film director and, later, as a hands-on producer.  Her history includes primetime work (Night Court and All in the Family), John Denver’s Australian summer music series.  She was also the producer of the 1982 videotape re-staging of Bob Fosse’s musical Pippin, which was the first Broadway musical ever captured by TV cameras during live stage performance in the history of Broadway, or TV. She began her work with General Hospital in 1993 in several capacities including camera director, line producer, co-producer, editorial supervisor and producer.  She is survived by her husband of four years Brian Caramadre; by her 21 year old daughter Kelly Marie Sheehan. A private memorial service for family and friends will be held next week. In lieu of flowers, the family has requested that donations be made to the Premiere Oncology Foundation, attn: Lee Rosen, M.D., 2020 Santa Monica Blvd. Suite 510, Santa Monica, California 90404.


Tivo has named its Vice Chairman Tom Rogers as its new President/CEO, effective July 1.  He succeeds Mike Ramsay who announced earlier this year his planned departure as CEO. Tom will be based in New York, while also maintaining an office in the Silicon Valley offices.

CSTV Networks, Inc. has named cable industry veteran John Duff as EVP/Distribution. In his new role, Duff is charged with overseeing two important customer channels: cable affiliates and university affiliates.

Court TV  named Jessica Shreeve VP/Current Programming & Specials, announced by Ed Hersh, EVP, Current Programming & Specials. She becomes one of three VP’s  who provides editorial direction and production oversight to Court TV’s primetime non-fiction programs.  Also there have been two internal promotions in the Current Programming and Specials unit: Madelyn Brudner and Paul Bourdett have become Coordinating Producers from Senior Associate Producers. In their new positions, Madelyn and Paul will have expanded duties in overseeing the production of a variety of Court TV original programs.

Fuse has appointed Andrew Morris as VP/Research.  The announcement was made today by Bill Rosolie, SVP/Advertising Sales for Fuse. Andrew will oversee the design, implementation and presentation of all primary and secondary research to support sales efforts, programming decisions, market positioning, and affiliate relations.

Robert T. Schneider joins Davie-Brown Entertainment as EVP. It was announced  by Tom Meyer, President, to whom Robert will report. Based at the company’s Los Angeles headquarters, Robert will be responsible for overseeing some of the company’s top accounts.

New York Women in Film & Television (NYWIFT) has announced that Carey Graeber, producer and founder of Great Plains Productions, will serve as the organization’s new president. Graeber’s latest project was the documentary Heartbeat to Heartbeat: Women and Heart Disease.

A slew of uppings at Bunim-Murray Productions:

  • Gil Goldschein has been promoted to SVP/Business and Legal Affairs. He acts as general counsel for the company and oversees all business and legal aspects of the company including the negotiating and drafting of all broadcast license fee and production service agreements, rights and format acquisitions and exploitation, and talent agreements for all formats and genres across all platforms in the television, film and new media industries.
  • Phil Castaneda has been elevated to SVP/Production Finance.  Phil is the principal production finance executive at Bunim-Murray Productions, which he joined in 2001.  
  • Patrick Murphy has been upped to SVP/Executive in Charge of Production. Patrick  is the head of production for all shows produced by Bunim-Murray Productions. 
  • Mark Raudonis has been upgraded to VP/Post Production.  Mark oversees all post production for all of the Bunim-Murray Productions programming.
  • Dave Stone has been advanced to VP/Music.  In his expanded role, Dave will continue to lead the team that finds and secures all of the music used in Bunim-Murray shows.
  • Farnaz Farjam has been raised to Director of Production.   In this role, she will continue to work with the various Bunim-Murray producers, maintaining budgets and overseeing production costs, as well as bringing together the variety of logistics involved with production on Bunim-Murray shows. 


Friday A18-49 Analysis:  ABC led on Friday night with a modest 1.6/6 A18-49 rating, according to final numbers from Nielsen Media Research.  NBC followed with a 1.4/5, then Fox and CBS tied at 1.3/5, and UPN with a .7/3.  At 8p, it was a battle of the 5 shares between Dateline Friday and Fox’s movie The One. ABC’s sitcoms from 830-10p chimed in with the same 5 share tie.  The real winner for the night was 20/20 at 10p, pulling a 2.5/9 over Numb3rs on CBS  with a 1.9/7 and L&O: Trial by Jury on NBC with a 1.5/5.

FINAL HOUSEHOLD RATINGS: Friday, June 24, 2005, for all Networks – program averages.  Source: Nielsen Media Research. 

NBC     3.8/8    Dateline 3.7/7, L&O: Trial by Jury [r] 4.1/8

CBS     3.8/7    JAG [r] 3.3/7, JAG [r] 3.5/7, Numb3rs [r] 4.6/9

ABC     3.5/7    8 Simple Rules [r] 2.5/5, Hope & Faith [r] 2.5/5, Hope & Faith [r] 2.6/5, Less Than Perfect [r] 2.5/5, 20/20  5.4/10

FOX     2.0/4    Movie: The One 2.0/4

WB      1.7/3    What I Like About You [r] 1.5/3, What I Like About You 1.6/3,  Reba [r] 1.9/4,  Living with Fran [r] 1.8/3

UPN     1.3/3   Movie:  3000 Miles To Graceland 1.3/3

A18-49            ABC 1.6/6, NBC 1.4/5, Fox and CBS 1.3/5, WB 1.7/3, UPN .7/3

Saturday A18-49 Analysis:  Fox led both hours of primetime on Saturday from 8-10p with an overall 2.0/8 A18-49 rating, according to fast affiliate ratings from Nielsen Media Research.  At 8p Fox’s 2.0/9 was good enough to win the hour with back-to-back Cops over #2 NBC with a 1.0/5.  At 9p a 2.1/8 for America’s Most Wanted on Fox beat out NBC and CBS, each tied at a 1.4/5. And at 10p CBS jumped in front with a 1.9/7 for a repeat of 48 Hours, outpacing both AFHV and Dateline NBC, which tied at a 6 share.

Fast Affiliate Ratings: Saturday, June 25, 2005, for all Networks – time period averages.  Source: Nielsen Media Research. 

CBS     4.2/9    48 Hours [r] 3.4/8, NCIS [r] 4.2/8, 48 Hours [r] 4.9/10

FOX     3.7/8    Cops [r] 3.2/7, Cops [r] 3.6/8, America’s Most Wanted 3.9/8

NBC     2.7/6    Movie:  End of Days 2.4/5, Dateline NBC 3.2/6

ABC     2.2/5    Movie:  Pocahontas 1.9/4,  AFHV [r] 2.8/6

A18-49            Fox 2.0/8, CBS 1.4/6, NBC 1.3/5, ABC 1.1/4

Sunday A18-49 Analysis:  Fox led again on Sunday night, posting an overall 3.0/9 A18-49 rating, according to fast affiliate numbers from Nielsen Media Research.  ABC was #2 with a 2.5/8, followed by NBC 2.0/6, CBS 1.9/5, WB 0.6/2.  At 7p Fox’s combo of Malcolm and King of the Hill averaged a 2.2/8, in front of ABC, NBC and CBS, each of whom posted a 6 share. The Simpson hour from 8-9p pulled a 3.2/10, again in front of ABC’s 2.3/7 for a repeat of Extreme Makeover, and CBS and NBC, each averaging a 6 share. At 9p, ABC and Fox were in a dead-on tie: ABC with another hour of Extreme Makeover and Fox with original eps of Family Guy/American Dad, both earning a 3.4/9. At 10p ABC and NBC tied at a 7 share, while CBS was third with a 6 share.

Fast Affiliate Ratings: Sunday, June 26, 2005, for all Networks – time period averages.  Source: Nielsen Media Research. 

CBS     5.3/10   60 Minutes 6.2/12, Cold Case [r] 5.6/10, Movie: Changing Lanes 4.8/8

NBC     4.8/9    Dateline 4.0/8, Law & Order: CI [r] 5.5/9, Crossing Jordan [r] 5.7/10

ABC     4.3/8    AFHV 3.5/7, Extreme Makeover [r] 3.8/7, Extreme Makeover [r] 5.4/9, Desperate Housewives [r] 4.4/8

FOX     3.8/7    Malcolm In the Middle [r] 3.1/7, King of the Hill [r] 3.0/6, Simpsons [r] 4.1/8, Simpsons [r] 4.3/8, Family Guy 4.5/8, American Dad 3.9/6

WB      1.1/2    Charmed [r] 0.9/2, Charmed [r] 2.0/2, Steve Harvey’s Big Time Challenge [r] 1.2/2

A18-49            Fox 3.0/9, ABC 2.5/8 NBC 2.0/6, CBS 1.9/5, WB 0.6/2


Riddle: How can a popular show be in two places at the same time?

The History Channel
presents This Day in History:
1961 – Amnesty International, an organization dedicated to the protection of human rights, is founded in London.

Answer to Yesterday’s trivia question:  Nick Moore played a fiance to this young lady. On what TV show did she appear?  MALLORY KEATON, FAMILY TIES   Kudos to:  Ben Thaler-Davis Advertising/Worchester MA; Gerry T. Trenaman-OLN & G4/NY; Jaime Maroney-Mind Share World/NY; Jaime Lyons-Carat/Chicago; Rachelle Ray-Katz Continental TV Sales/Chicago; Scarlet Lento- Ellison Media Co/Phoenix; Susan Goldberg-Beverly Park Productions/LA; Richard Harter-Sleep Inc/LA; Aaron Lug-Court TV/LA; Stephanie Friedman-Top Tier Licensing/Agoura Hills, CA; Amy Sutton-Chorus Entertainment/Toronto Ontario.


Answer: Viewers will figure it out.  Lots of viewers.


Here.  There. Everywhere this summer.
8 p.m. E/P Wednesdays in June on NBC.
Every Wednesday at 10 p.m. E/P on Court TV

Today’s Trivia Question Courtesy of Eugene Costello-DDB Entertainment:  
Who was the first rap act to perform on Saturday Night Live? (click here with your answer and be sure to include your name, company, city and time zone. Unofficial rules: Only the second four correct answers from each time zone will be mentioned; and once you’ve been mentioned in any of the Cynopsis editions, you can’t be mentioned again that calendar week.)

Later — Cyn
06.28.05  –
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JOB OPENING: COORDINATOR, MUSIC MRKTNG & PROMOTIONS-MTV/NYC:1-3 yrs admin exper in mktg, promos, music; strong interpersonal, comm, & negotiation skills. Detail-oriented; knowledge live music prod. Apply www.mtvncareers.com EOE (7/06)

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WHAT’S ON TONIGHT:Tuesday, June 28, 2005

ABC              My Wife and Kids [r], George Lopez [r], Empire [p]
CBS              NCIS [r], Fire Me Please, 48 Hours Mystery [r]
FOX              Trading Spouses [r], House [r]
NBC              Average Joe: The Joe Strikes Back [p], I Want To Be a Hilton , L&O: SVU [r]
PAX              Lie Detector, Faith In the Whitehouse (OTO), Diagnosis Murder
UPN              All of Us [r], Half and Half [r], Girlfriends [r], The Bad Girl’s Guide
WB               Gilmore Girls [r], One Tree Hill [r]
TELE             La Mujer en el Espejo, Los Plateados, Decisiones
UNIV             Apuesta por un Amor, La Madrastra, Casos de la Vida Real

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