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Courthouse Steps

By ALM Staff | Law Journal Newsletters |
May 27, 2005

CASE CAPTION: Warren Beatty v. Tribune Media Services Inc., L.A. Superior Court # BC333430.

CAUSES OF ACTION: Breach of contract and declaration of rights.

COMPLAINT ALLEGATIONS: In a written agreement in Aug. 1985, Tribune assigned plaintiff Beatty the film, TV and other rights to the Dick Tracy character. The agreement stated that Tribune had a conditional option to get the rights back by following a specific procedure that included giving Beatty two separate written notices, plus a 2-year opportunity to avoid the forfeiture by producing a Dick Tracy project after the first notice and before the second notice. In 1988, Beatty assigned most of his rights to Walt Disney Pictures but reserved the right to produce his own project during the last 18 months of the 24-month period following a notice from Tribune. There was a Tracy film in 1990; in 1994 and 1995, Disney produced an ice show featuring the character. In July 2002, Tribune, in a letter to Disney, asked if Disney would be willing to agree to Tribune reacquiring the rights without going through the formal procedure. Disney didn't agree. In Sept. 2002, Tribune, in another letter to Disney, claimed that it had already effected a reversion of the rights. Beatty wasn't notified of this claim. The same thing happened in Oct. 2004. The 2002 letter wasn't a notice to produce as required by the Beatty agreement. It did, however, make it commercially impossible for Beatty to produce a new Tracy project because of Tribune's claim.

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