Reality TV Actors Latest to Turn Against Studios Over Streaming

Bethenny Frankel arrives at the Emmy For Your Consideration Event for Showtime's 'Shameless' at Linwood Dunn Theater on May 24, 2018, in Los Angeles, California. Rodin Eckenroth/Getty Images

Power attorneys Bryan Freedman and Mark Geragos are now representing reality star Bethenny Frankel in her fight against networks and studios over their treatment of reality television actors, according to Variety.

Mr. Freedman has had much success in this area: he made headlines when former Fox News host Megyn Kelly left NBC with her entire $69 million contract halfway through the three-year period after her show was cancelled by the network, and is currently working with Tucker Carlson, who was fired by Fox News, and Don Lemon, who was fired from CNN. He is also representing “Wheel of Fortune” hostess Vanna White, who is suing Sony over a salary dispute, among other high profile cases.

Mr. Geragos told Variety he has handled several cases related to reality shows, which settled out of court, on top of having represented celebrities like pop singer Michael Jackson, actress Winona Ryder, and NFL player Colin Kaepernick.

“I think this is going to be just the start of the truth telling about what’s really going on,” Mr. Freedman said. “I’ve met with a lot of people who told me a lot of stories. This is going to end up being a war and I’m going to lead the war.”

Residuals

With writers and actors on strike, networks have had their eye on unscripted, or “reality,” shows to fill their broadcast schedules.

But Ms. Frankel plans to take them to court for the same reason the writers and actors are on strike: residual payments from streaming.

Currently, there is no standard way of measuring engagement on streaming platforms, and networks are not required to share their data. Actors who receive residual payments from theatrical releases or television runs do not receive the same type of pay when shows are watched over and over on streaming platforms, effectively bypassing the traditional syndication model.

Ms. Frankel, of “Real Housewives of New York” fame, shared on social media that she was only paid $7,250 for the first season of that show, and received no additional compensation for it even after the show’s success.

“Just because you can, as a streamer or a network, play the show as much as you want, doesn’t mean you should,” she said. “Meaning, yes, they’re going to get as much milk out of the cows as they could because it’s legal. We signed a contract. Does it mean we should be exploited? It means when you get a ratings bump or something happens, you should share. Networks and streamers have been exploiting people for too long.”

When the show first launched in 2008, Netflix was still a DVD-by-mail service. The business has changed by leaps and bounds since then, but contracts for talent have not.

“Something has to change because the current system is broken,” Mr. Geragos told Variety.

The lawyers discussed the possibility of a class action lawsuit.

“Just because you can exploit young, doe-eyed talent desperate for the platform TV gives them, it doesn’t mean you should,” Ms. Frankel said. “They don’t know what they don’t know. I was playing chess, but how do I help the people who may not know the game?”

Ms. Frankel has called for strikes and unionization of reality show cast on social media. In a post explaining her decision to become an independent content creator, she said the shows are heavily produced but cast members aren’t necessarily fairly compensated, and while she has managed to work hard to own her own image and content, the cast members starting out might not be so lucky.

The lawyers are collecting stories from cast members of reality shows, docuseries, and competition shows who say they were “used and unfairly” treated by networks and streaming platforms.

“I’m collecting stories that violate OSHA [Occupational Safety and Health Administration] standards, that violate workplace safety regulations,” Mr. Freedman said. “There is case law out there on some of this fraudulent stuff and waiving future harm.”

“It’s no different than other grievances that are going on right now like when you look at the actors and writers strikes,” Mr. Geragos said. “They sign one thing but they didn’t sign on for everything else they’re being exploited for.”