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Motherhood Viewers: Seen but Not Heard



by Manatt, Phelps & Phillips, LLP View Firm Credentials
Los Angeles Office

April 16, 2009

Previously published on April 6, 2009

In the Motherhood, a new ABC sitcom that debuted last week, had its genesis two years ago as an online video series. Its transformation into a traditional network sitcom marks it as the first Internet series to make it to TV, with one major difference: viewers are no longer invited to submit their real-life stories for possible inclusion on the program.

On the now discontinued MSN.com edition of Motherhood, brief vignettes about funny, stressed-out moms were inspired by stories from viewers submitted via an online forum. Initially, ABC also invited viewers to suggest story ideas on its Motherhood Web site, saying they "might just become inspiration for a story by the writers."

When the Writers Guild of America got wind of ABC’s request for story ideas, it notified the network that what it was doing was "not permissible" under ABC’s contract with the WGA. ABC quickly yanked the "inspiration" language off the Web site.

The episode underscores the differences between the Internet video universe, which typically features short, cheap videos that welcome viewer interaction, and traditional television. Most TV and movie studios do not accept viewer ideas, out of concern that they could face a copyright–infringement lawsuit later.

The rub is that viewer submissions can help create a sense of community around a series. The Web edition of In the Motherhood, which actively sought and incorporated viewer ideas, was created by MindShare Entertainment, a unit of the media services agency MindShare, as a product–placement vehicle. The second season drew more than 16 million views, or 5.5 million per episode.

Although ABC developed a new story line for the TV version, it initially embraced the interactive aspect of the Web edition, informing online visitors that "our show writers want to hear from you!" To forestall potential legal problems, it included a lengthy contract requiring viewers submitting an idea to acknowledge that they were not members of the WGA and to waive any right to on–screen credit.

The WGA objected, saying in a statement that companies with a guild contract "cannot ask someone to write and deliver literary material without paying at least the applicable minimum for it."

ABC responded to the WGA’s objections by deleting references to the show’s writers. In a bid to rebuild the Motherhood community, it will continue to post viewer–submitted stories on the show’s Web site. In a statement, the network said that in a break during the half–hour show each week, cast members will thank three random users for submitting their stories online. But their ideas may not provide direct inspiration to the Motherhood writers in the same way they did for the online show.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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