Michaels, or, for that matter, the right to place Ms.
YOUTUBE BEFIT CHANNEL FULL
Michaels’ full length Lionsgate Pictures without payment to Ms. Specifically, the complaint states that “there is no provision in the Agreement which grants respondents the right to unilaterally distribute Ms. The complaint filed by Michael’s attorney, Richard Busch of King & Ballow, states that Lionsgate does not even have the right to distribute the content on her channel. On the other hand, Lionsgate receives a portion of YouTube’s ad revenue generated by the channel, as well as the $5 million they were originally paid to create the BeFit channel. Therefore, she has not received any advertising based reimbursement from Lionsgate. Unfortunately for Michaels, there is no such language in her contract. Meaning that channel owners are reimbursed a certain percentage based on the amount of ad-revenue they help create. So, problematically, YouTube now provides channel owners with an ad-share centered reimbursement. Michaels’ deal centers on a “ pay-per-transaction” method of distribution, in which she receives 10% of the first 150,000 units distributed, 12.5% for the next 150,000, and 15% for any units thereafter. The contract was created back in 2007, which preceded the YouTube partner program, and the current way in which the company receives its ad revenue. The problem lies in the contract itself, which does not entirely account for all possible profits derived from the YouTube channel. Michaels has not received any compensation whatsoever.” Lionsgate’s BeFit, which launched in 2012, has generated more than 200 million views to date and has more than 1.5 million subscribers on YouTube. According to Michaels, Lionsgate “ did not consult her before they used her image and brand on the channel, and exceeded the number of videos posted to YouTube allowable under her contract.”
The complaint states that “despite receiving millions of dollars in revenue from YouTube, and half of all views on the YouTube BeFit channel relate to Ms. Michaels, who recently quit the show for the third time in June 2014, claims Lionsgate has not compensated her for her workout videos that are used on the company’s YouTube channel. Jillian Michaels, the popular celebrity trainer and former host of “The Biggest Loser,” has filed a $10 million lawsuit against Lionsgate over YouTube videos posted to its channel.
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