MacNelly widow sues Tribune Media Services (UPDATED)
Skip to commentsSusie MacNelly, the widow of Shoe creator and Pulitzer Prize winning editorial cartoonist Jeff MacNelly has sued Tribune Media Services charging that TMS is obstructing a possible move to King Features Syndicate. Susie’s Blue Salvage Company, the company she and Jeff created in 1995, has filed a lawsuit in U.S. District Court for the Northern District of Illinois on Nov. 16, according Editor & Publisher. In question is whether TMS has “rights of first refusal” to sign Shoe up again when its current contract ends on March 31st, 2008. After Jeff’s death, Susie apparently signed a letter agreeing to maintain a 1995 contract (that created the March 31st expiration), but Susie maintains that the letter does not contain language regarding a right of first refusal. TMS maintains that the 1995 contract does.
Additionally, according to E&P, Susie has explored the option of taking Shoe to King Features where they have promised a $350,000 signing bonus as well as additional licensing and sales support that Susie feels TMS is lacking. While TMS has matched the signing bonus, but apparently Susie feels Kings licensing and sales promises make their offer more enticing.
UPDATE: E&P senior editor Dave Astor has posted a follow-up that includes a brief response from TMS. TMS executive John Twohey has stated that Susie “cannot unilaterally move the rights” of Shoe to King Features (or any other syndicate) because the current contract has clauses “that gives us the opportunity to match any offer Blue Ridge Salvage receives from another syndicate, and we have done that.”
I’m not a lawyer, but here’s what it sounds like. There is a right of first refusal in the 1995 contact that allows TMS to extend the contract, but they are required to match any offers from other syndicates. If they can’t match it, then the feature is free to leave. TMS has met King Feature’s $350,000 offer and thereby feels it has fulfilled its contract and the 2008 contract date should be extended. Susie recognizes there are non-quantifiable opportunity options, such as sales and licensing, that TMS is not providing or is incapable of providing. The 1995 contract may have been narrow in what it deemed as a counter-offer thereby only requiring TMS to counter quantitative dollar amounts. The 2000 letter Susie seems to be using, sounds like a weak loop-hole, but her best shot at moving Shoe to King Features.
Chris H.
D.D.Degg
Chris H.
Larry Levine
Jeff Stanson
R Pyle
Jeff Stanson
Beniamin Pachidermeanu
D.D.Degg