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Sam Smith Grammy Chances Nullified: Concedes Royalty and Credit to Tom Petty Over “Stay with Me”

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“Stay with Me” was such a great summer single. Sam Smith wrote it with two pals, and the song had a gospel feel. Smith’s soulful rendition was solo, and he also offered a cool duet with Mary J. Blige. The song felt like a throwback.

Indeed, it was. Smith has just settled, according to reports, with Tom Petty and Jeff Lynne over a copyright protest. “Stay with Me” sounded so great because we already knew it: it’s very similar to Petty’s “I Won’t Back Down.” Whoops!

Reports say that Smith et al conceded that it was a coincidence– a lot like George Harrison grafting “My Sweet Lord”
from “He’s so Fine.” It was in his head. Michael McDonald (of Doobie Brothers fame) did the same thing once. He wrote and recorded a whole song called “I Keep Forgettin’.” After it was done, someone had the presence of mind to tell him it was Chuck Jackson’s old hit of the same name. He’d just forgotten.

Smith agrees that it’s a “coincidence.”

So now, “Stay with Me” is credited on ASCAP’s website to Smith and co., as well as to Petty and Lynne. No word on retroactive financial arrangements, but going forward, Petty and Lynne will probably get the lion’s share of the dough.

As for the song’s Grammy chances, I’d say they are over. And it’s too bad, because everyone likes the record so much. But Petty and Lynne wouldn’t back down, and Grammy voters probably won’t either.

Some people pursue these things. Sting–who’s been ripped off at least three times in the last couple of years– has declined. And of course, a lot of contemporary songs that we all love– like Alicia Keys’s “Empire State of Mind”– are sampled from other material (in that case, “Love on a Two Way Street”).

I do remember when Mariah Carey took the Emotions song “Best of My Love” and made it into a note for note version of s a new song called “Emotions.” Maurice White of Earth Wind & Fire, who wrote “Best of My Love,” told me: “I’ve heard of sampling, but this was the whole buffet!”

A more recent example would be Curtis Mayfield’s “People Get Ready” lurking inside John Mayer’s “Waiting for the World to Change.” I don’t think the Mayfield estate has ever been paid.

Birdman Wins SAG: Redmayne, Moore, Arquette, Simmons Take Acting Awards

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“Birdman” has won the SAG Best Ensemble Award. The acting awards went to Eddie Redmayne, Julianne Moore, Patricia Arquette, and JK Simmons. Redmayne was the surprise, beating Michael Keaton for Best Actor. “Birdman” has now won the Golden Globe for drama, and the Producers Guild Award. The Alejando Inniritu directed dramedy had the edge for the Oscars. But “Boyhood” is still looming large. The TV Awards went to Downton Abbey, and Orange is the New Black, meaning the broadcast networks were shut out again. Only Viola Davis from ABC’s “How to Get Away with Murder” was a network winner.

Jerry Seinfeld’s “Comedians in Cars” wins PGA, So Does “Birdman”

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This is a late posting but just in case you missed it: “Birdman” won the Producers Guild Award last night in L.A. I don’t know why. It all took place either in the St. James Theater on Broadway or on a sound stage. Maybe it was the flying. “Boyhood” was all about the producing– that Josh Sapan and Jonathan Sehring had the imagination and foresight over 12 years to make it.

Anyway: Jerry Seinfeld’s “Comedians in Cars Getting Coffee” won the digital award. Nice.

LIST OF 2015 PRODUCERS GUILD AWARD WINNERS

The 2015 Producers Guild nominated films and television programs are listed below in alphabetical order by category, along with producers. The producers’ names for each nominated production are listed in alphabetical order and are not necessarily the proper order of credits. The winners are indicated in bold and with an asterisk (*).

The theatrical motion picture winners are:

The Darryl F. Zanuck Award for Outstanding Producer of Theatrical Motion Pictures:

Ø Birdman (Fox Searchlight Pictures)

Producers: Alejandro G. Iñárritu, John Lesher, James W. Skotchdopole

The Award for Outstanding Producer of Animated Theatrical Motion Pictures:

Ø The LEGO Movie (Warner Bros. Pictures)

Producer: Dan Lin, p.g.a.

The Award for Outstanding Producer of Documentary Theatrical Motion Pictures:

Ø Life Itself (Magnolia Pictures)

Producers: Garrett Basch, Steve James, Zak Piper

The television winners are:

The David L. Wolper Award for Outstanding Producer of Long-Form Television:

The Long-Form Television category encompasses both movies of the week and mini-series.

Ø Fargo (FX)

Producers: Adam Bernstein, John Cameron, Ethan Coen, Joel Coen, Michael Frislev, Noah Hawley, Warren Littlefield, Chad Oakes, Kim Todd

The Norman Felton Award for Outstanding Producer of Episodic Television, Drama:

Ø Breaking Bad (AMC)

Producers: Melissa Bernstein, Sam Catlin, Bryan Cranston, Vince Gilligan, Peter Gould, Mark Johnson, Stewart Lyons, Michelle MacLaren, George Mastras, Diane Mercer, Thomas Schnauz, Moira Walley-Beckett

The Danny Thomas Award for Outstanding Producer of Episodic Television, Comedy:

Ø Orange Is The New Black (Netflix)

Producers: Mark A. Burley, Sara Hess, Jenji Kohan, Gary Lennon, Neri Tannenbaum, Michael Trim, Lisa I. Vinnecour

The Award for Outstanding Producer of Non-Fiction Television:

Ø COSMOS: A SpaceTime Odyssey (FOX/NatGeo)
Producers: Brannon Braga, Mitchell Cannold, Jason Clark, Ann Druyan, Livia Hanich, Steve Holtzman, Seth MacFarlane

The Award for Outstanding Producer of Competition Television:

Ø The Voice (NBC)

Producers: Stijn Bakkers, Mark Burnett, John De Mol, Chad Hines, Lee Metzger, Audrey Morrissey, Jim Roush, Kyra Thompson, Mike Yurchuk, Amanda Zucker

The Award for Outstanding Producer of Live Entertainment & Talk Television:

Ø The Tonight Show Starring Jimmy Fallon (NBC)

Producers: Rob Crabbe, Jamie Granet Bederman, Katie Hockmeyer, Jim Juvonen, Josh Lieb, Brian McDonald, Lorne Michaels, Gavin Purcell

The Award for Outstanding Sports Program:

Ø Real Sports With Bryant Gumbel (HBO)

The Award for Outstanding Children’s Program:

Ø Sesame Street (PBS)

The digital winner is:

The Award for Outstanding Digital Series:

Ø Comedians In Cars Getting Coffee (http://www.crackle.com/c/comedians-in-cars-getting-coffee)

Box Office: “American Sniper” Hits $200 Mil, Biggest of Eastwood’s Career

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“American Sniper” is the biggest movie of Clint Eastwood’s long and storied career. The Bradley Cooper starrer hits $200 million today, far surpassing “Gran Torino” ($148 million). The movie based on the memoir of the late Navy SEAL Chris Kyle shows no signs of slowing down, either.

“Sniper” added $64 million in its second week of wide release. This is great news. I loved this movie, Eastwood and Cooper did a super job. “Sniper” has nothing to do with blue-red states, liberal or conservative. Eastwood is showing the effects of war. Kyle was no coward. He was a hero, and such a decent guy. He fought for his country. When his family beckoned him home, he returned and was a mentor. His death was a tragedy. Eastwood et al hit all those notes. Bravo.

The second biggest movie of the week is “Paddington,” an incredibly charming family film that was already a hit around the world. Hugh Bonneville, Sally Hawkins, Ben Whishaw and Nicole Kidman all star. “Paddington” marks a huge success for The Weinstein Company, and a real score for them in a new direction. (No Tarantino type humor here.)

Elsewhere, Jennifer Lopez scored $15 million for a piece of junk called “The Boy Next Door.” I doubt this movie will have legs, and they won’t be nearly as nice as JLO’s.

New York TV Legend Joe Franklin Dead at 88, Pioneered the Celebrity Talk Show

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UPDATE: Confirmed, sadly.
EARLIER: There’s no confirmation yet, but it does seem from reports that New York TV legend Joe Franklin has died at age 88. Franklin pioneered the talk show, and had one on WOR TV in New York from 1962 to 1993. He was famous for having eclectic groups of people– like the current head of the Joint Chiefs of Staff as well as Steve Lawrence and Eydie Gorme– on the same couch. His show was famously parodied by Billy Crystal on Saturday Night Live. Born Joseph Fortgang, Joe’s nasal voice was a New York landmark. Twitter accounts from the Friars Club and Mark Simone have each confirmed Franklin’s death. It’s really the end of an era.

Johnny Depp Scores Lowest Wide Release Opening Since 1999: A Measly $4.1 Mil

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SUNDAY UPDATE: “Morty” did only $4.1 mil, it was much less than the low number previously predicted. This movie is a huge money loser for someone, namely Lion’s Gate, which I guess can hide it under The Hunger Games or Twilight accounting.

EARLIER: “Mortdecai” is loosely translated into “10 deaths.” That’s an understatement. Johnny Depp’s terrible comedy marks his lowest wide release opening since 1999’s “Astronaut’s Wife”– that’s excluding limited releases of smaller non tentpole movies like “Finding Neverland” (a hit ultimately), “The Libertine” (a disaster), and “The Imaginarium of Dr. Parnassus” (a daffodil in the wind, box office wise).

“Morty” made $1.6 million on Friday night by estimates, and looks to score just $4.4 million for the weekend– and that’s being nice since snow will impede box office traffic tonight (Saturday) and possibly tomorrow.

David Koepp, a very talented, highly successful screenwriter and nice guy, directed this romp that co-stars Ewan McGregor and Gwyneth Paltrow. That’s three big stars who are now saddled with some of the worst reviews ever posted. Koepp doesn’t have a great track record as a director. It’s one thing to try a small indie film, but this kind of thing, at over $70 million? Maybe not such a good idea. Why doesn’t Johnny Depp work with name directors? This remains a mystery.

Anyway, “Morty” has suffered 12 deaths this weekend. More on the box office later…

Uma Thurman as Marilyn Munster in New Hit Fall Out Boy Single

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The new single from Fall out Boy is called “Uma Thurman.” It’s about dancing like Uma Thurman in “Pulp Fiction.” Strangely, FOB has included as its hook the hook from The Munsters TV show, written by Jack Marshall. I hope Marshall or his estate is getting a healthy sampling fee. I don’t know why FOB used The Munsters music as the song Uma and John Travolta danced to Chuck Berry’s “C’est La Vie (You Never Can Tell).” But it’s hard to get a hit these days. Maybe when they make the video Uma can play Marilyn Munster.

Uma Thurman:

The Munsters Theme:

Uma Thurman dancing with John Travolta in “Pulp Fiction”;

Not a lot of pop songs are named for people. There was a “Barbra Streisand” disco song. And Madness had a song called “Michael Caine.” Chester French had a record called “Bebe Buell” and of course there was “Jackie Onassis.” If you know more, tweet me @Showbiz411.

Kevin Pollak is Killed off “Mom” But Sells Documentary About Comedy to DeNiro Company

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One door closes, and a window opens. Or something. Anyway, Kevin Pollak’s had a funny week. The very gifted character actor was killed off Allison Janney’s CBS comedy “Mom” after a nice run as a recurring character.

But things aren’t so bad. Robert DeNiro and Jane Rosenthal’s Tribeca Films has agreed to distribute Pollak’s documentary about comedians called “Misery Loves Comedy.”

The film features interviews with 60 funny people including Tom Hanks, Jimmy Fallon, Amy Schumer, Judd Apatow, Jon Favreau, Lisa Kudrow, Larry David, Steve Coogan, Jim Gaffigan, and Whoopi Goldberg. Tribeca plans a spring 2015 release– meaning in just a few weeks.

This is just one of many announcements we’re going to get from Sundance, which is happening right now. I didn’t go to Sundance this year. Instead, when it snows tomorrow and the wind is howling in New York, I’m going to show a series of indie films on my big TV and eat a lot of slices of pizza quickly, standing up, in my lobby.

The Bold & The Beautiful & The Democrats: Soap Names Character After Major Obama Fundraiser

“The Bold and the Beautiful” is a CBS soap opera without a political thought in its head. It’s all about fashionistas in L.A. who sleep with each other. But it’s also owned and run by Brad Bell, son of soap pioneers Lee Phillip Bell and the late great William Bell. Brad’s wife, Colleen, is a big time Obama bundler and Democratic Party fundraiser who was recently made US Ambassador to Hungary.

In the Hollywood circuit of fundraising, the Bells are tight with another couple: Netflix chief Ted Sarandos and his wife Nicole Avant. And now, as I’ve learned, Nicole Avant is a character on “The Bold and the Beautiful.” How do you like that? The soap has introduced a beautiful young black woman with exactly that name as the sister of an existing Avant. Yes, the Avant family has already been living in the “B&B” world.

The faux Nicole Avant has a lot to live up to: the real Nicole Avant is the former US Ambassador to the Bahamas. She’s raised millions for Obama and the Democrats. She’s also one of the nicest people in Tinseltown.
Real Nicole is also the daughter of very popular legendary record biz force Clarence Avant. Among Clarence’s many achievements was the founding of the short lived and briefly successful Sussex Records in the early 1970s. Sussex had many hits with Bill Withers (Ain’t No Sunshine, Lovely Day, etc), Dennis Coffey (Scorpio), and Gallery (Nice to Be with You).

Will fake Nicole and her sister suddenly have a father named Clarence, who’s in the music business? Stay tuned. On a soap, anything can happen!

UPDATE Johnny Depp’s “Mortdecai” Gets 38 Negative Reviews, 3 Positive– Is He Still a Movie Star?

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updated Friday 11:15am
“Mortdecai” has 38 negative reviews, and 3 positive, on Rotten Tomatoes. Meanwhile both “Strange Magic” and “The Boy Next Door” are hovering around an astoundingly low 13%. This may be the worst weekend ever for new movies. Go see the 8 Oscar nominated films. Or go see Al Pacino in “The Humbling,” a great movie that was killed by its distributor.

updated Thursday night
“Mortdecai” is at 5% now on Rotten Tomatoes. Lions Gate should claim North Korea really hates it, and put this latest Johnny Depp flop on VOD right now. What has happened to Johnny Depp? “The Lone Ranger” was a spectacular failure. “Transcendence”,” released since The Long Ranger, made only $23 million. “The Tourist” with Angelina Jolie was so bad no on speaks of it without laughing.

Other than the “Pirates of the Caribbean” movies, Johnny has been out of his depp. “Mortdecai” will face a brutal Friday. All they can do is hope for a blizzard on Saturday and blame the weather. But is Depp really a movie star? Without “Pirates” what would his career be?

Meanwhile, Jennifer Lopez’s “Boy Next Door” isn’t doing much better at 19% on Rotten Tomatoes. This calamity may have one more week than “Morty.”

And Disney’s “Strange Magic” has terrible reviews. But kids and families could keep it afloat over the weekend.