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Fox Hit With Claim for Net Profits on 'Batman' Series

By Leslie Simmons
Publication: thresq
Date: Friday, August 18 2006
Twentieth Century Fox Film Corp. was sued Tuesday for $4.4 million for failing to pay a share of net profits to the producer of the "Batman" television series.

Deborah Dozier Potter, the successor-in-interest to Greenway Productions, the show's producer, claims Fox concealed the fact that Greenway was a third party in an agreement between Fox and the ABC network.

In 1964, Greenway and Fox entered into an agreement to produce television shows and series, with the two parties splitting the net profits, according to the lawsuit filed in Los Angeles Superior Court.

More than a year later, Fox and ABC entered into a written agreement to develop and produce "Batman," and from that agreement, Greenway was allegedly entitled to nearly 27% of the net profits. "Batman" aired for three seasons, from 1966-1968.

Though Greenway received its cut of the profits pursuant to its agreement with Fox, it claims the studio "intentionally concealed that Greenway was a third party beneficiary of the Fox-ABC agreement."

Potter claims she first learned of the Fox-ABC agreement in March 2005, when she considered releasing the series on DVD and requested documents pertaining to the rights to "Batman."

Under the Fox-ABC provisions, Potter claims she is entitled to more money than she was being paid under the Fox-Greenway agreement.

Potter alleges fraud, concealment, breach of the Fox-ABC agreement and breach of the Fox-Greenway agreement.

Representing Potter is Marvin Burns and Roger Furman of Beverly Hills.

The case is Potter v. Twentieth Century Fox Film Corp., BC357067.

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