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Sigourney Weaver’s SNL Monologue May Hold Key To Conan’s Case Against NBC

» 7 comments

Sigourney Weaver is hosting tonight’s installment of Saturday Night Live, and her monologue contained references to Avatar, Alien — and her dad, Pat Weaver, who was president of NBC between 1953 and 1955. The elder Weaver created the Today show….and also, the Tonight Show.

Hold that thought for a moment.

One of the big sticking points in the conflict between NBC and Conan O’Brien is whether the Tonight Show begins at 11:35 p.m. — or, put differently, if moving the Tonight Show to 12:05 a.m. makes it not the Tonight Show as contemplated by the signatories to the original contract between NBC and Conan back in 2004. NBC says nonsense, if we call it the Tonight Show who cares when it runs? Conan says no way, an 11:35 p.m. is an indivisible part of the show’s very essence. The contract is silent on that matter. So: how to interpret?

Well, there are a few ways to do so but I’m going to focus on this one: Sigourney’s dad may have put some specific, identifiable parameters on the timeframe for the Tonight Show. Weaver read aloud from the memo her father wrote conceiving of the show, like so:

My father wrote, that the Tonight Show should be, quote, “a light entertainment program with comedy and interviews to air at night, before people drift off to sleep. Because the last thing anyone wants at that time of night is any conflict or controversy.

Emphasis added. So the question becomes, at what time do people generally drift off to sleep? And what timeslot occupies the time immediately “before” that? In the case of the broad audience expected (and demanded) for the Tonight Show, I think it’s clear that Weaver was contemplating a pre-midnight timeslot. I have done no research on American sleep patterns through the ages. But, looking at the bigger picture, Weaver’s description is consistent with an end-of-night show that literally occurs at the end of the night, as specified — not the next morning.

This is borne out by history: While the Tonight Show has extended in either direction in the past, it has for the most part been constant (from 1957 – 1966 it ran from 11:15 – 1 p.m. — starting earlier and ending later). Conclusive? Again, this information serves the larger picture: this is the time of the Tonight Show (so part of the whole that the start time isn’t even mentioned in the Museum of Broadcast Communications writeup). So: While Weaver did not make the start time explicit in his memo, he did describe the start time — “as people are drifting off to sleep” — and then proceeded to define it by scheduling his show at 11:30 p.m.

This is not to say that the Tonight Show did not evolve and mature over its long history — that it did. But for a show that started in 1954, it’s been remarkably consistent. And if anything, that 11:30 p.m. start time has entrenched around the Tonight Show, thanks to its main competition.

So: Does this prove Conan’s case against NBC, and conclusively show that they are breaching their contract by seeking to remove him from the Tonight Show before the two years stipulated in his contract? No. But it is one piece of the larger puzzle that addresses the question of what constitutes the essence of the Tonight Show. Conan needs to show that such essence includes that pre-midnight start. This helps.


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  • Cactus

    Even if this never goes to court, this will eventually end up in the notes of Contracts casebooks. Law students everywhere are thinking, “Restatement 20… ah… NBC knew Conan expected 11:35, yet Conan had no reason to know NBC could end up doing this… was 11:35 clearly implied?… was there reliance?…”

    And yeah, something like this (odd as it may sound) can be presented as evidence.

    Ultimately whatever settlement Conan makes will end up being a function of how good his lawyers feel about his odds in court. If the odds were 100% (on one side or another), there would be no negotiating. But you’d rather take 70% of the potential amount and save yourself the jury trial, its expenses and its potential for surprises.

    The fact that Conan’s rumored settlement is closer to $40M (the stipulated amount for NBC’s breach) than 0 shows you how NBC’s attorneys feel about who’s breaching the contract.

  • Fidoohki

    More importantly is what is his ‘no work’ clause going to be?

  • Facebook User

    The minute Jay Leno wanted to be on before Conan’s time slot breached his contract with NBC, unless it was stipulated. Just because Jays show isn’t called the Tonight show. It was still harmful to Conan. Robbing him of the first quotes, and quips of the day. Jokes are just not funny the second time around? If it looks like a duck and walks like a duck. Its a duck! If jay retired from the Tonight show he should have stayed retired. he’s inflated ego would just not let him though. As far as I’m concerned I blame this whole fiasco on Leno,. and his big head!

  • same2u

    It was great seeing Sigourney in Avatar, an anti-teabagger movie if there is one.

  • http://twitter.com/CRZ CRZ

    Wait….are you absolutely sure that was a real memo, as opposed to…you know…a prop – and a (not so) hilarious joke written by some SNL writer last week?

  • http://www.sailrabbits.com Magister

    Personally, I think the fact that the Tonight Show has traditionally followed the late-local would have more weight than an abstract “before people drift off to sleep” from a long ago memo, assuming of course that it was real.

    After all and I realize that I may occasionally sound like a broken record, but the Tonight Show currently begins at 10:35 in the Central and Mountain time zones and it’s over by 11:38. IOW: If you somehow define midnight as the drifting-off time, in a lot of the country, people are drifting-off to different shows.

  • http://www.facebook.com/people/James-Guo/100000649950349 James Guo

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