1. Purchase Price: $5 million.
2. Personal Interview: Exclusive right to conduct the next Michael Jackson interview to be published in any medium (to be conducted by Pat O’Brien or T.B.D.). General areas of interview questions to be provided in advance.
3. Footage rights: Exclusive rights to the existing footage in Jackson’s possession or control, including without limitation:
a. Two (plus) hours Martin Bashir footage
b. Three (plus) hours Debbie Rowe footage (other than three minutes previously sold to ET) [Entertainment Tonight]
c. Footage [of the boy, whose name is being omitted by The Times]
(collectively, the “Footage”), consisting of, without limitation, the exclusive right to edit the Footage for use in a one- to three-hour (as determined by NBC) prime time television special to be broadcast on NBC (the “Special”), the exclusive right to broadcast any part of the Footage, whether as part of the Special or in advertising, publicizing and promoting the Special, and the exclusive right to use excerpts in other NBC programs such as “Access Hollywood,” “Dateline” and the “Today” show
4. Limitations on exclusivity: Special and the Footage are exclusive in all media throughout the world in perpetuity, to NBC and its related cable systems and affiliated broadcast platforms (e.g., Bravo, Telemundo, MSNBC, CNBC). Embargo on sale or use of any unused portion of the Footage.
5. Representation and warranty that Jackson owns all rights to the Footage and that NBC’s use of the Footage as described above will not infringe on any third party rights (including, without limitation, Martin Bashir and/or the BBC).
6. Indemnification with respect to any claims related to NBC’s use of the Footage
7. Copyright to the Special to be owned by NBC.
8. Consultation/approval rights on editing the Footage. Jackson may predesignate certain Footage segments to be incorporated into Special, provided appropriate disclosure made pursuant to NBC broadcast standards and integrity guidelines.
9. Jackson assistance in obtaining music clearances/licenses or other music rights for network/cable broadcast and home video.
10. Jackson cooperation in prebroadcast publicity/promotion of the Special.
Claudia Eaton talking point: not for inclusion in formal deal memo:
.
Pre-emption of scheduled Feb. 17, 2003, “Dateline” special on Michael Jackson to be discussed