Sounds More Like the Big Take: Oprah Winfrey Sued Over New Show

Darlene Tracy, a mother of four with no experience in TV producing, claims that, way back in February 2005, she hatched the concept for a reality show called "The Philanthropist," in which contestants are challenged to help the needy.  Tracy claims she sent her pitch to Ellen Rakieten, executive producer of Winfrey's talk show, and that Rakieten and another producer, Jennifer Thornton, wrote back to ask for more details.  Tracy contends she shipped off a fine-tuned business proposal on March 1, 2005. Four months later, Thornton allegedly told Tracy that Oprah's company, Harpo Productions, was going to pass.

Then, in November 2006, Winfrey announced on her show that she was giving money to audience members so they could help their communities. The following month, she and ABC announced they were teaming up for "Big Give", another one of those feel good reality shows that makes me cry every time I watch it.  (Yes, I watch it, shut up.)

Tracy, representing herself, promptly filed a complaint in U.S. District Court in Boston seeking to stop "Big Give" from airing. Lawyers for Chicago-based Winfrey argued that Massachusetts wasn't the place to fight this battle. Judge Rya Zobel dismissed Tracy's action, without an opinion.  Lesson learned, venue is important in legal battles, folks.

Tracy has since hired a lawyer and filed an appeal that documents her contact with Winfrey's Harpo Productions and sets forth similarities between "The Philanthropist" and "Big Give."  A Winfrey spokesman said: "We agree with the judge that [Tracy's] claims against Harpo Productions, Inc. are without merit," and she's "confident that the Court of Appeals will agree that Tracy has no claim."

A source close to Tracy argues, "Oprah's side has conceded that they didn't have a philanthropy show in development until they got Darlene's pitch. Stealing a show about altruism is more than a little ironic."

Winfrey's representatives have also shot down rumors Tracy's legal action has ruined a planned Big Give book deal. It had been reported the star was in talks with U.S. publishers Simon + Schuster but the deal fell through because of fears the company could be named in Tracy's suit. But representatives for both the publishers and Winfrey denied any plans were underway for a Big Give book.

Oprah, planning to capitalize on an idea by putting it out there in all forms of media, NO WAY she would do that.  Wait, what about O magazine, O TV channel, O radio network, O everything else known to man?  I suspect there may be SOME truth to that rumor.

source, source

Comments

[Oh, Oh, Oh, My]

Oy Vey. I always remember when Art Buchwald (successfully) sued Eddie Murphy et al for a stolen script idea for Coming to America.

[Robyn G]

I obviously have a cold, dark heart, but this story fills me with glee! Oh, and maybe a little dread.

The glee part - I LOVE when things like this come to light. Go, Darlene Tracy. I hope you get the recognition you deserve.

The dread part - Poor Tracy may just get squashed by the O Machine.

::::covers eyes, but will peek out hopefully from time to time::::

[BaltimoreGal]

I have had problems with this show from the beginning. Giving money and time to others? Good.

But I, like many others, work in philanthropy and understand that it is a complex and nuanced world with many ethical implications- you easily can do harm while thinking you are doing good. It is built through long-term relationships and does not need to display the recipients like game show contestants.

There's a reason nonprofits have oversight boards and occasionally run into problems as it is! So good luck people. Or, if you want to make sure your charitable organization WILL use your money right, go to Charity Navigator http://www.charitynavigator.org/ and see how it's rated.

[Cobblestone]

My mom {a librarian} sent a letter to Oprah many many years ago that suggested that O could use her power to get people to read more by suggesting books blah blah bookclub.

It took about six months before the first Oprah bookclub book was announced.

I sometimes wonder how much O is just a focal point for the good ideas of the people of others.

[jodifur]

cobblestone-your mom is responsible for the oprah book club? Wow, do publishers owe her!

[Cobblestone]

It may just be the biggest coincidence of her life - but yeah - I'm pretty sure my mom is the reason for the bookclub.

[Bradford]

This is a great thought but this concept has been on TV in the U.K. for about 5 years now. Perhaps they can file a complaint against Darlene Tracy.