A Benny Saved…

Over on this page, someone who signs their name "Film Preservationist" has posted another view of this matter where CBS is refusing to release certain episodes of The Jack Benny Program from its vaults. I'm not taking sides here and I'd be more comfy if we knew who "Film Preservationist" was. But I thought since I linked to one side of this discussion, I should note the other.

The Latest…

They're saying that deals for Mssrs. O'Brien and Leno will be signed today. Then again, they said that yesterday. Conan's shows this week have been fiercely entertaining. Leno's have been awkward but they were awkward before this whole controversy started. And David Letterman…well, I like Dave almost any time he isn't whining about not getting to sit behind Johnny's desk or being ungracious to the guy who did. Yeah, he's funny…but he's starting to remind me of Orly Taitz making her case that Barack Obama was born in Kenya (or wherever it is this week).

It's hard to say how Jay Leno will do when his Tonight Show resumes. I think it'll depend a lot on whether he can surprise people with strong and fresh material. If he's doing Pumpcasting and that Jeopardy-for-Stupid-People bit by Wednesday, I think he's in trouble.

Still, one of the interesting things about the guy, and I think I made this point a few days ago here, is that people are always underestimating him. They underestimated how he'd do as Johnny's guest host. They underestimated how he'd do as Johnny's replacement. They underestimated how he'd do against Letterman with total viewers, then they underestimated how he'd do against Dave in the younger demographic. Once he had exceeded expectations in every one of those instances — and it really was this that triggered this whole, messy melodrama — his own network underestimated how long he could possibly stay in first place.

Want to know the one time he was overestimated? They overestimated his ability to deliver an audience at 10:00…and we all saw how that turned out. Maybe we oughta do him a favor and expect him to bomb big upon his return to 11:35.

Sources are saying that Conan is dickering with Fox, and I'm wondering what kind of terms he can possibly get since he doesn't seem to have an alternate competing offer. It's not like his agents can say, "Give him everything he wants or he's going to The Food Network." I hope he finds a slot soon because I'm looking forward to whatever he does, wherever he does it.

A number of folks have written to ask me who I think is "next in line" for David Letterman's job and if I agree with speculations that Craig Ferguson is a lock. No, I don't. Of Dave, Jay, Conan, the two Jimmies and Craig, I think Craig is offering up the most enjoyable show at the moment and I also suspect he's the only one whose powers of entertainment aren't fully developed or exploited in what he's currently doing. But here's my guess on this…

It's another one of those "we don't know" situations. It's possible that there's already some pre-negotiated deal in place; that in order to get Craig signed through 2012, as apparently was just negotiated, he has some contractual guarantee there. It's also possible that it's built into Dave's simultaneous renewal that he's annointing his successor. Letterman, like Conan and Jay, has always been concerned about what will become of his staff when he's no longer hosting. It would not be surprising if his pact says that if he leaves in '12 or before, they move Ferguson not only into that time slot but to New York and maybe even into that theater with as much of Dave's crew as is still present and eager to work. Letterman could also perhaps be repulsed at the thought of a battle over his throne, such as he endured and inflamed over at NBC, and he could want to preempt that from happening. So there's always the possibility of a deal of that sort. (One might note reports that suggest the current deals for both Dave and Craig expire at the same time. That would sure make it easier for the Scottish kid to replace Letterman.)

It's also possible that there is no already-secretly-arranged line of succession. CBS may simply not want to get trapped with a certain guy down the line, especially after seeing how badly things went when NBC decided to plan five years ahead for Conan to take over from Jay. If it's a free agent situation, I would suspect Mr. Ferguson is not at the absolute top of the standby list. He's more like that girl in the bar who's cute enough that you wouldn't mind taking her home but you're not quite ready to commit in case someone better walks in.

Assuming there's no deal in place, it would be in CBS's interest to see who else was available. By the time Dave needs a replacement — which might be a lot farther in the future than even he now imagines — another prospect could emerge as a bold and fresh comedy star. If Letterman left today and Ferguson didn't already have a guarantee of the job. I suspect CBS would first see if there was any way, financially and contractually, to manuever Jon Stewart behind the desk. Failing that, they might go after Stephen Colbert and one or two others (maybe Chris Rock) before they got down to Craig Ferguson. By 2012, that list will probably change somewhat. It might even include a name that would never occur to us right now.

And I'll bet NBC is quietly having discussions about who could take over The Tonight Show if Leno crashes and burns, either figuratively or on one of his motorcycles. I don't think it'll be Jimmy Fallon. Not at least until he starts consistently winning his current time slot.

Your Benny or Your Life!

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Several of you have written me about this. The International Jack Benny Fan Club has been attempting to gain access to about 25 old episodes of The Jack Benny Program that exist in the CBS vaults and, perhaps, nowhere else. They are apparently in the public domain and the fan club was willing to undertake the cost and responsibility of transferring the shows to digital format and making them available in some way to the world. At one point, the network folks seemed to think it would be no problem…but now it's somehow become a problem. Here's the story from the fan club's point-of-view.

This kind of thing is, alas, all too typical. I don't know precisely what happened here but I'd bet the request reached some lawyer who said, "Hmm…we stand to gain nothing from allowing this. On the other hand, we may start getting angry calls and legal threats from unions or the families of people who worked on these shows. If they feel their rights have been violated and that there's money due them, they're not going to go after The International Jack Benny Fan Club. They have no money. They're going to go after CBS. And so if I okay this and there's trouble later on, my bosses are going to think I didn't do my job very well. My job, after all, is protecting the interests of CBS, not protecting the interests of Jack Benny's legacy." I've seen folks in Business Affairs think that way even admitting that there was less than a 1% chance of such a thing happening.

The answer to this kind of stalemate is usually to get the material in question to a third party that can assume responsibility. For example, CBS could donate the shows in question to some university or museum. Back in the late sixties though, I dealt briefly with a person in the CBS Archives who would have solved it an even easier way. He would have gotten the necessary parties at his network to sign off on disposing of the films in question and once they did, he would have thrown them out…

…but he would have made sure that certain people knew which dumpster and when. Maybe you've seen the episode of Mr. Benny's show that guest-starred Humphrey Bogart, in which Benny and Bogey did a parody of old crime movies and Bogart sang the jingle for Lucky Strike cigarettes. In 1968, that was one of many I helped a friend fish out of some big trash cans behind CBS Television City in Hollywood. It was a 16mm print and it wouldn't surprise me if all the copies in circulation today were duped, several generations removed, from that 16mm print.

Anyway, I hope someone at CBS some day does the right thing and lets these episodes out. In the meantime, we can at least enjoy Jack Benny's memorable performance in the movie, Casablanca. (Or can we? The vote in our little poll as to whether or not it's him has hardly been a landslide one way or another. Right now, 38% of you think he's in the movie and 30% think he isn't. I'm thinking he isn't but darned if there isn't a Nazi in the background of one scene who's a dead ringer for my old gym teacher.)

Today's Video Links

I can't embed this clip here but you might want to click and watch it. It's from the 1974 Academy Awards ceremony. Jack Lemmon presents an honorary Oscar to Julius "Groucho" Marx. Go watch it.

And while we're at it: At the 1977 ceremony, the Best Actor award went to Peter Finch for his performance in Network. Since Mr. Finch had passed away, someone had to be designated to accept on his behalf. (They stopped doing this at some point, at least on the lesser awards. I'm not sure if they still do it on the major ones.) Anyway, the Finch family and all his friends wanted the accepter to be his widow, Eletha. The Academy said that was not possible. After 1972 when Marlon Brando dispatched Sacheen Littlefeather to accept — actually, decline — his award for The Godfather, the Academy made a rule: A substitute accepter had to be a member of the Academy. Eletha Finch was not.

So Paddy Chayefsky, who wrote Network and was an Academy member, was selected to accept. When Finch won, Chayefsky did a smart and classy thing. He got to the podium and called the widow to the stage to accept the trophy. On some interview show the next day, he said, "What were they going to do? Have Security tackle her on her way to the stage and wrestle her to the ground to stop her?"

But I've always been a tad suspicious about whether Chayefsky did this on his own accord. I suspect the producers of the telecast knew about it in advance and perhaps suggested it. After all, it enabled them to get that nice, emotional moment for their show without violating the Academy's rule. Notice how quickly the camera is on her. The director sure knew where she was sitting. (And you may notice that when she's led down the aisle, she passes our old pal, Pat McCormick.) Here's that clip.

One more: George Burns in 1976 winning Best Supporting Actor for The Sunshine Boys. I remember being surprised that he didn't mention Jack Benny in his acceptance speech but it was still great to see him win. Go see him win.

By Popular Demand!

As they used to say in MAD magazine, Sam Popular demanded it! Stu Shostak has received so many requests to rebroadcast today's Stu's Show that he's giving you a couple more chances to hear it.

This was two hours of four guys discussing the Leno/O'Brien slapfight. The two guys were Stu, TV critic-historians Wesley Hyatt and Steve Beverly, and me. It was a lively and informative (I hope) discussion and you can hear it again tomorrow (Wednesday) and Thursday at Noon Pacific Time, which is 3 PM Eastern. Just point your browser at the proper hour to Shokus Internet Radio and click as directed. Those may be your last two chances so don't miss 'em.

Today's Bonus Video Link

Finally! An accurate, understandable explanation of the entire Jay/Conan mess…

VIDEO MISSING

Today's Political Rant

There's a special election in Massachusetts today to fill the vacant Senate seat formerly held forever by Ted Kennedy. The news seems to be that a Republican named Scott Brown is likely to defeat the Democrat, Martha Coakley. This would end the Democrats' shaky 60-seat majority, the one that passed Health Care Reform.

Obviously for Democrats, that's not great news. Then again, that seemed to be about the only thing they were able to pass with that 60-seat majority…and even that meant watering down the bill, compromising all over the place and practically begging Democratic Senators (and Joe Lieberman) to vote Democratic. The main damage might be the momentum that Republicans will get from this win, assuming they win.

So here's what I don't get…

All over cable news and web sites are Democrats saying, "Don't worry…this won't derail Health Care Reform. It will pass even if we don't have the big Six-Oh." And maybe that's true. But shouldn't they wait until after the polls close in Massachusetts to be saying that? Right now, shouldn't they be trying to stampede Democrats and others who care about Health Care to go out and, uh, maybe vote for Martha Coakley?

Not Just a River In Egypt…

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Jeff Zucker (the name on so many lips these days) was on with Charlie Rose last night. The interview seems to have been taped around the close of business yesterday and because of ongoing negotiations, Zucker was somewhat encumbered as to what he could say. Still, it's a fascinating performance that must be viewed by those who are interested in the details of that whole story. It's also a good lesson in how to keep smiling and saying, "No, I didn't make a mistake" when the evidence is overwhelming that you did.

Among the points Zucker makes…

  • He says Conan O'Brien's contract contained no time slot specification for his Tonight Show. I believe somewhere, some Conan rep said otherwise. Perhaps this is a matter of how some clause is interpreted.
  • He says he's received death threats over the idea of moving Conan a half-hour later.
  • Boy, NBC Entertainment is doing great in every area except, uh, network television.
  • Mainly, he doesn't regret taking The Tonight Show away from Jay Leno even though they're now scrambling to get him back onto it. It's unfortunate that Conan didn't see the wisdom of going on at 12:05 after him.

I suspect most folks will watch this and be amazed that the man doesn't just come out and say, "Hey, we blew it. We made a lot of decisions that made sense at the time. They didn't work and now we're trying to mop up." But watch for yourself. I don't know how much longer you'll be able to do it but right now, if you go to this link, you should be able to watch the whole conversation online. The show may also rerun later today on your local PBS affiliate.

Coco Puffs

One of the intriguing things to me about the whole Jay/Conan/Dave/etc. squabble is how folks are reacting to it, generally taking the side of the guy they find funniest and working backwards from there to explain how he's the good guy in the war. I also have some friends who've never watched O'Brien and perhaps never will…but they're so thrilled to see someone big slap down their idiot boss that they've joined Team Conan.

On some levels, this is a pretty simple story. Jay has a show at 10. Conan has a show at 11:35. Neither one is getting the ratings. Networks cancel shows for that reason alone every week and I'd guess that in 90% of those cases, the folks behind the axed show think, "If we'd had more time [and/or more promotion and support], our show would have been a hit." Sometimes, they're right. Network execs have been known to admit — quietly, off the record — that they shouldn't have cancelled certain programs they cancelled. They've also, of course, stuck too long with some, though they usually err on the side of cancellation.

When they don't quickly cancel a show with low ratings, one (or more) of three reasons is usually in play…

Sometimes, they just plain don't have another show on tap to replace it…or at least, another show they think will do any better. I told a story here a week or so ago about how a network exec told me he was cancelling a program and then a few days later, renewed it. I think that's what happened there. He didn't like what he had on but didn't have a good alternative. To further point out how unscientific all this can be, sometimes a show stays on because they don't have a replacement…and then it catches on and becomes a hit.

Sometimes, the programming folks have a hunch about a show that isn't (yet) drawing an audience. It's tested well or gotten good critical response…or they just plain like it and think it will catch on. M*A*S*H would probably be the best example. This doesn't happen as often as it probably should because when something's failing in the ratings, it takes a lot of courage to stand up in the meetings and say, "That show deserves more time." More often, they say, "I never thought that crap would work." (There's an industry joke where someone asks a network exec, "Did you like my show last night?" And the network guy says, "I don't know. I haven't seen any numbers yet!")

And sometimes, someone with clout can keep a marginal or failing show alive. Years ago, CBS had a series called White Shadow that had recently debuted to the kind of ratings that usually mean a hasty removal from the schedule. I worked on a pilot which, we were told, would almost surely be getting its time slot. Then contrary to everything they'd been telling us, CBS renewed White Shadow. When we asked how come, we were told, "Mr. Paley's wife loves it. When she heard we were dropping it, she persuaded him to intervene." William S. Paley was the absolute head of the network — the guy who built it and owned much of it. He always got what he wanted…and as it turned out, White Shadow not only lasted the season but found enough of an audience to stay on for several more.

When Conan O'Brien first took over as host of Late Night, his ratings were disappointing. There were those there who wanted to cancel him…and his renewals were in such tiny increments that they didn't suggest a lot of network confidence. It was like he'd do a monologue and then they'd renew him through the desk bit…and then if that worked, they'd pick up his option to interview his first guest…

Well, it probably felt like that to him. Finally, he got a little better and audiences began to get his sense of humor and everything clicked. He went on to do a fine, successful series. Why didn't they cancel him before that happened? I'm guessing all three reasons were in play then. They didn't have another show, or at least another host in the on-deck circle. The show was also getting some good reviews, including a glowing recommendation from none other than Dave Letterman. But there are those who would argue that the main reason NBC didn't oust Conan after 13 or so weeks was Lorne Michaels.

Lorne Michaels is, of course, the man who gave the world Saturday Night Live, which is one of the five-or-so greatest success stories in the history of broadcast television. Carson aside, he was the person who most intimidated (i.e., frightened) the suits at that network. And he was the man who plucked Conan O'Brien out of utter obscurity to host that show and Michaels also served as its Executive Producer. I don't know how often, if at all, he had to fight to keep Conan on the air. But I'll bet you that now and then, when someone suggested dropping the new kid, one exec there turned to another and said, "Hey, if you want to cancel him, you call Lorne and tell him he had a lousy idea!"

Now, I don't have any inside info on this but it is a fact that Mr. Michaels is uninvolved with The Tonight Show with Conan O'Brien. Last evening when I was on Dawna Kaufmann's radio show, Dawna (who once worked for SNL) was saying that he could have advised Conan how to perhaps broaden the appeal of his Tonight Show and maybe get the numbers up a little. I have no opinion about that but I wonder if NBC would have been so quick to give up on the tall red-headed fellow if someone had to go call Lorne. Now that Johnny's gone, he's the guy they least want to upset…

Today's Video Link

We have reached the time when The Producers (the Broadway musical) is available for local and community productions. It's currently being staged at the DMTC Hoblit Performing Arts Center in Davis, California…and I don't envy the folks who have to stage the thing on a shoestring budget. Here's a little commercial for this production…

The Parent Trap

I've been paying some attention (not a lot) to the trial currently underway which will determine if California's Proposition 8 — the one that banned Gay Marriage — is Constitutional. Apparently, most of Friday's testimony was spent with the defense — the pro-8 side — trying to establish that children stand a better chance of being raised well in a household with a heterosexual mother and father. There are plenty of studies that suggest there's no valid proof of that.

But even if there is, isn't that an argument against letting gays adopt? That doesn't sound to me like an argument against letting them marry. Letting two guys or two gals get hitched is not going to produce a lot of children. Or am I missing something here?

It's also an argument against letting single parents raise kids…which happens a lot in a country with such a high divorce rate. It's not, by the way, 50% as some sources claim…but it's pretty high. Oddly enough, I've never heard anyone ever suggest that when a marriage that has yielded children is going to break up, the government should step in and stop that for the sake of the kids. Or force a widow or widower to quickly find another partner.

As you know, I think gays oughta be able to marry. I also think that if they want to adopt, the process should be exactly the same as it is for straight couples. And I don't understand what one thing has to do with the other.

me on the radio (again)

Tomorrow (Tuesday) afternoon, Stu Shostak's doing a special live edition of Stu's Show on his channel, Shokus Internet Radio. It airs live at 4 PM West Coast time (7 PM Eastern) for two hours. This is not a podcast. You have to tune in live when it's on, which you can do by going to that website and clicking as instructed. Then you listen right through your computer speakers.

The topic is the Conan O'Brien/Jay Leno situation and I will be one of three panelists, along with Wesley Hyatt and Steve Beverly, discussing who did what to whom and made which mistakes. Oughta be a lively discussion.

This episode may not rerun. It's only currently scheduled as one-time event. So if you miss it, you can't hear it the next day. Don't miss it.

Pollin' Palin

According to this poll, 71% of Americans do not want Sarah Palin to run for president. 56% of Republicans say that, 88% of Democrats say that and 65% of Independents say that.

It doesn't say what percentage of Democrats do want her to run but presumably some do. So my question is what percentage of those folks who do want her to run think she'd make a good president and what percentage think her candidacy would destroy the Republican party? And I'm also curious about how many of those 56% of Republicans think she'd be good in the job but think the campaign would just be too divisive and painful.

Costly Times

Sez here that The New York Times is about to go "pay," forcing those of us who want to read it to cough up some sort of fee. There's no word yet on how much that might be and exactly what you'll get for it so I don't know if I'll be paying. But I do know I won't be linking. The Times has one of the busiest websites on the 'net and reportedly makes some serious money on the advertising it sells because of that. It's because they're The New York Bloody Times and because so many other sites link to pieces there.

But even if I'm a subscriber, you all won't be…so there's no point in me linking you to a great piece on their site. I know sometimes on some webpage, I'll see a link to what looks like a piece I'd like to read and I'll click and discover the article in question is behind a subscription firewall and is therefore inaccesible to me. That's annoying. I'm not going to join any site, no matter how low the fee, to read one article. And I know readers of this site feel the same way because when I've accidentally linked to a piece behind a firewall, I hear from you.

The Times obviously knows that their traffic will drop when they start charging. Presumably, they've estimated that the revenue they'll lose from what it does to their ad rates will be more than offset by the loot they'll make from subscriptions…and maybe it will. But I'll bet they've underestimated how much traffic they'll lose.

I should also note that for a time, they tried charging for access to their opinion section and columnists. I subscribed to that for, as I recall, a year. During that time, I don't think there was a single article that I read there via my subscription that I couldn't find for free on some blog. If I wanted to read Frank Rich's column, I sometimes didn't even bother to hit the N.Y. Times site. I'd just Google "Frank Rich" and easily find five other places it had been re-posted in full. They dropped the subscription deal before it became time for me to renew. In fact, I think I even got some sort of partial, pro-rated rebate on the fee I'd paid. But the point is that if I'd had to renew, I probably wouldn't have. I absolutely believe that content providers have a right to charge if it's what they want to do, and I pay for many sites I enjoy. In this case though, I just felt kinda dumb that I paid for something that was so readily available for free.

me on the radio

My friend Dawna Kaufmann, who's been mentioned here in the past, is a triple-threat. She's a comedy writer. She's an investigative reporter. And she's a radio talk show host. Any one of those three makes her a force to be reckoned with. Taken together…well, I'm scared of her so you probably should be, too.

Tonight, she's hosting the call-in show on KABC Talk Radio, which is at 790 AM here in the soggy city of Los Angeles. She's on from 6:30 PM until 10 PM and around the 7:00 hour, she'll be having an in-depth discussion of the whole Conan/Jay roller derby. Her main guest for that discussion will be me.

If you aren't in or around L.A., you can listen online at www.kabc.com. They don't seem to archive these shows so you've gotta listen live. (Well actually, you don't have to listen at all. But if you want to hear it, you have to listen live.)