Monday, June 3, 2013

Michael Douglas: Oral sex gave me cancer

Michael Douglas says in an interview with The Guardian newspaper that throat cancer, as he battled in 2010, can be caused by performing oral sex on women who have a sexually-transmitted disease.

And the story has spread quickly, but incorrectly, says the actor's rep.

It is being widely reported that Douglas said his cancer had been caused by having contracted the human papillomavirus (HPV) through oral sex. 

But now (UPDATE, 10 a.m.ET), Douglas' longtime rep, Allen Burry, tells USA TODAY's Lorena Blas that although the headline on the Guardian story is "Michael Douglas: Oral Sex caused my cancer," that's not what the actor said.

"Michael Douglas did not say cunnilingus was the cause of his cancer. It was discussed that oral sex is a suspected cause of certain oral cancers as doctor's in the article point out but he did not say it was the specific cause of his personal cancer."

Douglas, who was diagnosed with the disease in 2010, said at the time that drinking and smoking were culprits of his throat cancer.

The actor, 68, has been free of cancer for more than two years after receiving extensive chemotherapy and has returned to acting.


Asked whether he now regretted his years of smoking and drinking, Douglas replied in the article: "No. Because without wanting to get too specific, this particular cancer is caused by HPV, which actually comes about from cunnilingus."

Douglas, who has been married to Catherine Zeta-Jones since 2000, continued: "I did worry if the stress caused by my son's incarceration didn't help trigger it. But yeah, it's a sexually transmitted disease that causes cancer."

Clear Channel and Fearless Records Strike Broadcast and Digital Performance Royalty Deal

The deal includes an array of changes that will increase actors’ compensation and provide advertisers with more flexibility on the Internet.

SAG-AFTRA members ratified their new commercials contracts by a vote of 96 percent to 4 percent, the union announced Friday. Ratification was expected, as both the commercials negotiating committee and the union’s national board unanimously approved the contracts, and no opposition had developed.

All members in good standing as of April 1, 2013 – about 130,000, according to the union –were eligible to vote. That number reflects about 20 percent of members whose dues were delinquent, a percentage that was similar within SAG before the union merged with AFTRA. Thirteen percent returned ballots, 97 percent electronically.

“Not only are these the first major contracts negotiated as SAG-AFTRA,” said union co-president Roberta Reardon, “the contracts’ provisions provide for great improvements in the lives of our members and their families.”

Union co-president Ken Howard said “The commercials agreements represent important gains for tens of thousands of our members across the country and address longstanding concerns which bring the commercials agreements up to date in a variety of areas.”

“These contracts represent solid improvements and demonstrate the value of the collaborative relationship we’ve developed with the [industry negotiators] ,” said SAG-AFTRA national executive director David White.

The agreements – one for television and one for radio – are effective retroactive to April 1, and runs through June 30, 2016.

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According to the union, the contracts will result in $238 million in wage increases and other payments for all categories of performers, improvements in cable use fees, increases in payments for work on the Internet and new media platforms, and an increase in the late payment fee. The union provided pdf summaries of the television commercials and radio commercials contracts.

Key details of the three year deal include the following:

* Wages: One-time 6 percent increase. The increase is effective over the term of the contract (April 1, 2013 – March 31, 2016) and is mathematically equivalent to 2.9% annual increases. That compares with the 2 percent annual increases that have become customary in Hollywood labor deals.

* Spanish Language Commercials: Program fees increase by 10 percent and wild spot rates by 5 percent, in addition to the general wage increase.

* Pension and Health: The new P&H rate is 16.8 percent, up from 15.5 percent.

* Meals: Meal allowances increase by about 1/3 to 1/2, and the travel per diem by about 15 percent.

* Internet and New Media: Usage cycles for commercials made for the Internet or new media, or for commercials moved over from traditional media, may be either eight weeks or one year. Cycles must be consecutive unless holding fees are paid, and the maximum period that commercials may be used is 21 months from the date the commercial was shot. Compensation rates are unchanged for commercials made for the Internet or new media (133 percent of the applicable session fee for eight-week cycles and 350 percent for one-year cycles), but are increased for move-over commercials (now 150 percent and 400 percent).

* User-Generated or Crowd-Sourced Commercials: The new commercials contract permits user-generated or crowd-sourced commercials as entries to an Internet-based contest. No contract provisions (such as required fees) will apply to such commercials when they are exhibited on the Internet during the contest, but if exhibited thereafter, the provisions of the contract will apply. Non-winning contest entries must be removed from the Internet.

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* Commercials with Non-Actors: The new commercials contract permits Internet commercials that record people in public, including at live events or interviewed at public venues or on the street, or via a hidden camera. So long as the dialogue is not scripted and the people are not cast for the commercial, the contract provisions will not apply.

* Cable: The cable cap increases from 2,000 units to 3,000. This increases the actor’s potential compensation for commercials that air on cable.

* Extras: Extras will now only be entitled to receive the agent’s commission as part of their fee if the extra has an agent and the agent procured the job for the extra.

* Data Processing: By March 31, 2014, all commercials must be use Ad-ID as the commercial identifier, and all talent payroll reports must be filed electronically.

* Waivers: Various waivers are now considered to be part of the contract, and one or two waivers have been added.

* Gross Rating Points: The so-called GRP compensation model, a goal of the industry, will continue to be studied.

* Other Provisions: According to the source, there are roughly two dozen additional changes that were negotiated.

Formal negotiations between the 34-member (26 seated members and 8 alternates) SAG-AFTRA Negotiating Committee and the Industry began February 14 and concluded April 6, at 1:49 a.m. EDT, in New York. Balloting began May 1.

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This is the first national contract referendum for SAG-AFTRA. Paper ballots were available on request,, but the default process was greener this year than in the past: postcards were sent, rather than whole ballot packets; the latter were available online. Balloting was online, unless the member requested a paper ballot.
In addition, the union told The Hollywood Reporter, members were advised of the ballot process via several e-mail blasts to all eligible voters, messaging through social media, automated telephone calls, and prominent placement on the SAG-AFTRA website.

The advertising industry was represented by Douglas J. Wood, Stacy Marcus, and David Weissman with Reed Smith LLP, Linda Bennett with Saatchi & Saatchi, Kim Stevens with Arnold Worldwide, and Kathleen Quinn with the American Association of Advertising Agencies (known as the 4A’s).

SAG-AFTRA was represented by co-president and negotiating committee national chair Roberta Reardon, national executive director and chief negotiator David White, Negotiating Committee Vice Chairs Sue-Anne Morrow, Allen Lulu, Ilyssa Fradin, and David Hartley Margolin, co-lead negotiators Ray Rodriguez and Mathis Dunn, and Senior Advisor John McGuire.

In separate news, IATSE announced late last week that it had reached a new three-year commercials contract. The deal, whose terms were not released, commences October 1, 2013.

IATSE’s deal, like that of the DGA, is with commercial producers (the Association of Independent Commercial Producers (AICP)), whereas SAG-AFTRA’s is negotiated with the advertising agencies and national advertisers (the Joint Policy Committee of the ANA-AAAA, i.e., Association of National Advertisers, and American Association of Advertising Agencies).

Email: jhandel99 at gmail dot com

Twitter: @jhandel

Sly Stone's Money Troubles Detailed in Court Documents

Anyone curious how a mega-successful musician -- one inducted into the Rock and Roll Hall of Fame -- can go 30 years nearly penniless should read a decision by a California appeals court on Thursday.
 

The subject of the ruling is Sly Stone, born as Sylvester Stewart, who as the frontman for Sly and the Family Stone blazed a path for a progressive mixture of funk, soul and psychedelic music and whose songs like "Everyday People" and "Hot Fun in the Summertime" remain well-played on radio.

Stone's troubles with drugs and the Internal Revenue Service are well known, but in a lawsuit over "tens of millions" of dollars in allegedly misappropriated royalties against nearly three dozen individuals and entities, including an ex-manager, a lawyer and Sony, Warner and Broadcast Music Inc (BMI), he detailed the full extent of his financial troubles and poor dealmaking. Unfortunately, for Stone, an appeals court isn't giving him much relief.

We'll pick up Stone's story in the mid-70s when, already a successful musician, he began to run into some personal problems that required Ken Roberts, Stone's friend and onetime manager, to advance him some money to pay off some debts. In return, Stone irrevocably assigned Roberts his BMI-administered performance-right royalties.

Then, in 1980, the IRS levied a multimillion-dollar tax lien upon Stone's income. For about the next 15 years, much of the money that was derived from Stone's hit songs was routed to government tax collectors.

In 1985, Stone sold his publishing interest in most of his existing musical compositions to Michael Jackson's MiJac Music company but retained the songwriter's share of the royalties. But that too ended up with the IRS.

What then happened in 1989 is the source of controversy that fuels the multimillion-dollar dispute. Stone says he turned to Jerry Goldstein, who he had known for more than 20 years, to manage his affairs. Goldstein was working with an attorney named Glenn Stone.

By the late 1980s, according to the court documents, Sly Stone's addiction to cocaine and sedatives had resulted in him becoming a fugitive, and without any record deal, he was also destitute. Here's what happened next, according to the ruling (which can be read in full here), which in standard fashion presents facts in a way that assumes the truth of plaintiff's allegations: 

"Between December of 1988 and February of 1989 Goldstein, through his company Goldstein Music, made approximately 30 loans to Stewart in amounts ranging from one hundred to several hundred dollars. The money was used to pay Stewart’s living expenses and to fuel his drug addictions. Goldstein and attorney Stone gave cocaine to Stewart on several occasions. In late February of 1989, Goldstein, Topley and attorney Stone told Stewart that Goldstein had obtained a new recording contract for Stewart. They told Stewart there would be no more loans or drugs, and no recording contract, unless Stewart signed an agreement providing that their entity, Even Street, would become manager of all of Stewart’s personal and professional financial affairs. They promised to help Stewart and advised that because of the tax problems, Stewart should not have any assets in his name or receive royalties directly."

Stone agreed to the arrangement and signed two contracts -- a "Shareholder's Agreement" and an "Employment Agreement."

Then, Goldstein took control of Sly Stone's financial affairs and dealt with his old record label at Sony, his song publishing company at Warner and BMI too. Goldstein's companies arranged for banks to make loans of at least $5 million, secured in part by Stone's future music royalties. When money came in from Warner and BMI, they went to the bank to pay off the balance of the loan (and then to Goldstein's companies). Between 1996 and 2009, BMI paid out almost $3.3 million alone, and Stone saw almost none of it.
Meanwhile, Goldstein's attorney negotiated an end in 1996 to the lien that placed by the IRS on Stone's income. Neither Stone nor his ex-manager Roberts were aware that happened -- and that royalties were not heading to tax collectors anymore but to banks and Goldstein companies.

In 2008, Goldstein is said to have stopped giving Stone advances, leaving him destitute. That's when Stone took a look at the 1989 contracts and objected, going to Sony, BMI and Warner for intervention. Royalty distributions were suspended. And eventually, the situation became the subject of a complex lawsuit with Stone and Roberts together suing all those who allegedly had "induced" the musician to sign agreements that "diverted" their money.

The California Appeals Court ruling Thursday only addresses the liability of the big music companies -- Sony, BMI and Warner -- that allegedly allowed royalties to be diverted without doing the necessary due diligence.

In short, Stone may have made bad deals, but for the purposes of holding these companies accountable, the appeals court affirms that he has no standing to sue. He can't allege breach of contract against BMI because he assigned his royalty payments to Roberts. He can't make various claims against Sony because the record label "properly relied on" those 1989 agreements presented when figuring out where to direct royalties. Similarly, he can't sue Warner. Quoting the trial judge, the appeals court notes "the royalty companies were simply doing what they were instructed to do for years upon years.”

That said, Roberts enjoys a better outcome from Thursday's ruling. Initially, before the IRS put a lien on Stone's BMI payments, the money was going to a company Stone's ex-manager had set up called "Majoken." Years later, after the money stopped flowing to the IRS, Goldstein allegedly set up a new entity that was also called "Majoken Inc." BMI didn't know about the existence of two companies with the same name until 2009, by which time it had paid out approximately $600,000 in royalties from Stone's music to Goldstein's company.

In the ruling, an appeals court overturns the trial judge's ruling that Roberts lacked standing to sue BMI. It also waives away BMI's contention that his claim of breach of contract is barred by statute of limitations, although the appeals judge says he can only possibly collect for four years prior to the launch of the lawsuit for allegedly bad actions. Yes, BMI paid out to Majoken, but the appeals court says "that is neither the beginning nor the end of the story" as "BMI had a contractual duty to insist on written instructions from Roberts" when in 1996, it changed where the money was going.

Still, that's hardly a saving grace for Stone, who not only loses the appeal but is now responsible for some of Sony, Warner and BMI's legal costs.

Sarah Michelle Gellar, Giada De Laurentiis Help Raise Money for Charity at Kidstock Festival

Sunday's event benefited the One Voice Scholars Program, which aims to place lower-income Los Angeles students in colleges throughout the United States.

On a bright day in Beverly Hills, eight hundred people gathered Sunday for a day filled with music, crafts and treats at the seventh annual Kidstock Music and Art Festival. 
Sponsored by Hudson Jeans, the event raised money for the One Voice Scholars Program, which aims to place lower-income Los Angeles students in colleges throughout the United States.

Located at the Greystone Mansion, attendees enjoyed a design-your-own denim booth, a Converse booth, live performances by Disney Channel stars and gourmet food from Baskin-Robbins, Sprinkles and SodaStream. While Hudson Jeans has been the sponsor of the event for the past three years, Hudson Jeans CEO Peter Kim said he hopes to continue the sponsorship for “as long as (they) possibly can.”

Kim added that Hudson Jeans and One Voice collaborate for other activities, including helping students pack for college and hosting educational events for various schools.

“We’re able to inspire and do it in a really fun and amazing way,” Kim said. “It’s just a win-win all the way across.”

As one of the attendees and host committee members for the event, Sarah Michelle Gellar said she hopes her involvement will help students with little opportunity to succeed.

“I’ve been fortunate enough to have amazing opportunities, and the most important thing I can do is to give back, especially to children who might not,” Gellar said.

Food Network star Giada De Laurentiis, another host committee member, attended the event with her husband, Todd, and their daughter, Jade. De Laurentiis said she joined the charity while pregnant with her daughter.

“I think that people don’t realize how there are so many children that are less fortunate than we are unless you have a child of your own and you realize how much they mean to you and how much you want to help other kids,” De Laurentiis said. “When I got pregnant with her I got involved in this charity and really just helping kids fulfill their dreams that they otherwise would not be able to do. And that, for me, puts a big smile on my face.”

Other stars, including Angie Harmon, Jim Belushi, Greg Kinnear, Bill Bellamy and Jason and Randy Sklar, hit the red carpet before participating in the activities.

Belushi told The Hollywood Reporter that he attended to cheer on his daughter, Jamison Bess Belushi, who performed at the event, and his wife, Jennifer Sloan, who is involved with the charity.

Harmon, who posed for photos with her three daughters, lauded the environment and entertainment provided at the event.

“It’s such a beautiful day out here. Being able to come out to One Voice and celebrate and have a great day with my daughters, it’s just a super, super fun day,” Harmon said.

Warner Music Group Inks iRadio Deal...

Warner Music Group Inks iRadio Deal for Publishing, Recorded-Music Licensing

Warner Music Group on Sunday became the first major record company to sign both a publishing and a recorded music licensing deal with Apple Inc. for the upcoming Internet radio service that many have dubbed "iRadio," sources say. 

Universal Music Group on May 9 also nailed a deal with Apple for a radio streaming service, but rights for Universal's publishing licenses are still being hashed out. Apple also is still pursuing agreements from Sony Music Entertainment and Sony/ATV.

If Apple succeeds in sealing up all remaining licenses, the Cupertino, Calif., company could announce the service as early as June 10 at its World Wide Developer Conference in San Francisco. Most industry executives knowledgable with the talks are confident Apple will ultimately secure all the rights required to launch a service -- the only question is when.

A Warner spokesman declined to comment.

The agreement with Warner calls for Apple to compensate the company at higher rates than what is currently paid by most Internet radio services such as Pandora, which pays rights holders under a compulsory licensing framework set up in 2009 through Congress, according to executives close to the negotiations. The Recording Industry Association of America has been urging lawmakers to reject Pandora's petition to change the current method for setting royalty rates paid by Internet radio services, which roughly amounts to 0.12 cents per stream.
 

The agreement calls for two separate deals, one with Warner's labels and another with Warner/Chappell Music Inc., the company's publishing arm. Both were negotiated in parallel, an executive close to the talks said.

The recorded music deal calls for Apple to pay a per-stream rate of around 0.16 cents, similar to the rate Universal Music Group received. Like Universal, Warner also gets a percentage of ad revenue that would be generated by the Apple service, but payments would only begin after the service exceeds a certain audience threshold.

For the publishing deal, Warner/Chappell also negotiated an additional percentage of ad revenue that is more than twice the 4 percent rate paid by Pandora.

Finally, the multi-year contracts give Warner a guaranteed minimum amount of money rather than an advance.

Earlier this year, Apple had sought a far lower royalty rate of 0.08 cents per stream, but with a chance to get a larger cut of the advertising revenue Apple would generate from the radio service. Record companies rejected the initial offer, saying Apple's terms would have put the labels in an awkward position of having to explain to Congress why that was acceptable for Apple, but not for other Internet radio services. So far, the deals with Warner and Universal avoid such a scenario.

 

WGA Names 'Sopranos' Best Written TV Series Ever

The Writer Guild of America East and West on Sunday night revealed its list of 101 best written TV series ever, and David Chase's The Sopranos, which aired on HBO from 1999-2007, came in at No. 1.

 
Landing at No. 2 was Seinfeld, created by Larry David and Jerry Seinfeld, which aired on NBC from 1990-98.

Rounding out the top five are the original Twilight Zone, All in the Family and M*A*S*H.
"At their core, all of these wonderful series began with the words of the writers who created them and were sustained by the writers who joined their staffs or worked on individual episodes," WGAW president Chris Keyser and WGAE president Michael Winship said in a joint statement. "This list is not only a tribute to great TV, it is a dedication to all writers who devote their hearts and minds to advancing their craft."

The top 10 shows, a determined through online voting by WGAW and WGAE members, can be found below. For the entire list, click here.

1. The Sopranos (HBO), Created by David Chase
2.  Seinfeld (NBC), Created by Larry David & Jerry Seinfeld
3. The Twilight Zone (CBS, 1959), Season One writers: Charles Beaumont, Richard Matheson, Robert Presnell Jr., Rod Serling
4. All in the Family (CBS), Developed for Television by Norman Lear, Based on Till Death Do Us Part, Created by Johnny Speight
5. M*A*S*H (CBS), Developed for Television by Larry Gelbart
6. The Mary Tyler Moore Show (CBS), Created by James L. Brooks and Allan Burns
7. Mad Men (AMC), Created by Matthew Weiner
8. Cheers (NBC), Created by Glen Charles & Les Charles and James Burrows
9. The Wire (HBO), Created by David Simon
10. The West Wing (NBC), Created by Aaron Sorkin

The "TV 101" list, a follow-up to the WGA’s 101 Greatest Screenplays, honors "classic, trailblazing series and miniseries, as well as current and critically acclaimed programs, from comedies and dramas to variety/talk and children’s programming."


On Sunday night, the WGAW hosted a special tribute event, panel discussion and reception to formally unveil the list at the Writers Guild Theater in Beverly Hills. The event that featured a lineup of panelists including iconic TV series creators, showrunners and writers whose shows made the 101 TV list, including Steven Bochco (Hill Street Blues), James L. Brooks (The Mary Tyler Moore Show), Vince GilliganBreaking Bad), Winnie Holzman (My So-Called Life), Norman Lear (All in the Family), Steven Levitan (Modern Family), Ronald D. Moore (Battlestar Galactica), Gail Parent (The Carol Burnett Show), Carl Reiner (The Dick Van Dyke Show), Matthew Weiner (Mad Men)  and host/moderator Merrill Markoe (Late Night With David Letterman). (

The WGAE is set to host its event to celebrate the 101 TV list on Wednesday on the rooftop of the Guild’s headquarters in downtown Manhattan. Event participants include guild members Seth Meyers, John Markus, Tom Fontana, Bill Persky and Liz Tuccillo.

The WGAW’s “101 TV” committee, which conceived the initiative, includes guild members Aaron Mendelsohn (chair), W. Bruce Cameron, Michael Conley, Diane Driscoll, Gary Goldstein, Katherine Fugate, Margaret Howell, Ken Pisani, Ari Rubin and Susan Walter.

Be a Billboard Festival Photo Correspondent!

Tweet us a favorite music festival shot you took for your chance to be our guest photographer at a NYC music festival! 
Want to be Billboard.com's guest photo correspondent at New York's Governors Ball? Show us your favorite music fest shot that you took and you'll have a chance to win three-day VIP passes, a Samsung NX300 camera and more to help us cover the festival.

If you think you have what it takes to capture the essence of live summer music and you're a U.S. resident over 21, tweet your music festival photo to @Billboard using #SamsungNX300Photog by June 3. One lucky fan who tweets a photo will win two VIP passes to Governors Ball (June 7-9), a Samsung NX300 camera in order to capture great photos of the festival for Billboard.com's coverage, plus a hotel room in New York City for the three nights of the festival.

We're ready for your close-up. Use the Twitter link below and be sure to include your festival photo for your chance to win.

Please note that this is a Billboard contest and is not directly affiliated with the Governors Ball festival itself.