Bit Parts

Collective Bargaining Agreements/Waiver of Judicial Forum

The Court of Appeal of California, Second Appellate District, Division Three, held that the Motion Picture Screen Cartoon-ists and Affiliated Optical Electronic and Graphic Arts, Local 839, didn't clearly and unmistakably waive its members' right to resolve statutory discrimination claims in a judicial forum. Lopez v. Fox Television Animation Inc., B177245. The court of appeal also found in its unpublished opinion that a character designer who had worked on the Fox TV series 'The Family Guy' didn't waive his right to have a court hear his statutory claims, though he had first submitted his grievance to an arbitrator under the collective bargaining agreement.

Concert Injuries/Negligence

The Common Pleas Court of Philadelphia County, Pennsylvania, Civil Trial Division, decided that arena operators' negligence led to physical injuries sustained as a result of the cancellation of a concert. Heenan v. Comcast Spectacor, 00980. Michelle Heenan filed suit claiming 'riotous behavior erupted after the announcement [at the First Union Center in December 2002] that the hard rock band Guns 'N Roses would not play and that she was injured when she fell as she and other concert-goers hurried out of the facility.' A jury ruled in favor of Heenan. Affirming, the common pleas court explained: 'Plaintiff claimed that Appellant was negligent for failing to provide adequate security. … Plaintiff claimed the last-minute cancellation was foreseeable considering Defendants' knowledge of the Band's recent cancellation [of a concert in a different city] under similar circumstances and the resulting damage.' The court then concluded: 'Under Section 344 [of the Restatement of Torts,] Defendants owed a duty to Plaintiff to anticipate possible dangers and to take reasonable precautions against such. The hasty exit by nearly 14,000 Guns 'N Roses fans, all disappointed, some angry and some violent, can be considered harmful third party conduct referred to in Sec. 344 which Defendants should have anticipated and formulated a plan to protect visitors such as Plaintiff.'

The U.S. District Court for the Southern District of New York ruled that there was a jury issue of whether a check endorsement satisfied the writing requirement of Sec. 204(a) of the Copyright Act for a transfer of copyright ownership of sound recordings to be effective. Rico Records Distributors Inc. v. Ithier, 04 Civ. 9782 (JSR). The district court noted: 'While an unlegended check will not satisfy the requirements of Sec. 204(a), such insufficiency may be overcome when a legend on a check makes clear that a copyright transfer was intended. ' Here, while the endorsements on the checks, such as 'Purchase of rights of EGC catalogue,' and 'Bonus on L.P. recording agreement,' are not sufficiently clear as to unambiguously evidence copyright transfer, they are susceptible to such an interpretation. Where contractual language is ambiguous, resort may be had to extrinsic evidence ' and plaintiffs have adduced sufficient extrinsic evidence to make a jury issue of whether these legended checks should be read as contracts of copyright transfer.'

Television-Programming Dispute/Judicial Forum

The Court of Appeal of Florida, Third District, decided that Mexico wasn't an adequate forum for the Florida-based Telemundo Network to file suit against a New York-based sports-programming competitor over broadcast rights to soccer games. Telemundo Network Group LLC v. Azteca International Corp., 3D05-259. The owners of the Jaguares soccer team were based in Mexico, but the Florida court noted that Mexico didn't recognize causes of action Telemundo could pursue against the programmer Azteca in a Florida court. The court of appeal noted: 'Azteca America conceded that Mexican law does not recognize the claim of tortious interference with a contract, as well as the fact that the Mexican legal system does not recognize any third-party actions relating to contractual rights. ' [In addition, t]he contract in question ' contained a forum selection clause (Miami), as well as a choice of law clause (Florida law). The forum-selection clause was mandatory.'

BOOK RELEASE

'Music, Money and Success,' 5th Edition by Jeffrey Brabec and Todd Brabec. Includes: new songwriter and composer income sources; 2006/2007 CD and download rates; ringtone, ringback and mastertone deals; video-game, song and score agreements; Internet royalties; podcasting, streaming and subscription services; Copyright Royalty Board and judges; and remix and sample deals. Published by Schirmer Trade Books. For further information: 800-GET-MUSIC or www.musicroom.com.

Upcoming Event

The Third Pacific Northwest Arts and Entertainment Symposium

Sponsored by the Washington State Bar Association. In Vancouver, WA, May 11, 2006. Topics include: entertainment law update; branded entertainment; music licensing and rights clearances; finding money/investors for creative projects; and writing for television and film. For further information: 800-945-WSBA or 206-443-WSBA or www.wsba.org/cle/seminars.

Collective Bargaining Agreements/Waiver of Judicial Forum

The Court of Appeal of California, Second Appellate District, Division Three, held that the Motion Picture Screen Cartoon-ists and Affiliated Optical Electronic and Graphic Arts, Local 839, didn't clearly and unmistakably waive its members' right to resolve statutory discrimination claims in a judicial forum. Lopez v. Fox Television Animation Inc., B177245. The court of appeal also found in its unpublished opinion that a character designer who had worked on the Fox TV series 'The Family Guy' didn't waive his right to have a court hear his statutory claims, though he had first submitted his grievance to an arbitrator under the collective bargaining agreement.

Concert Injuries/Negligence

The Common Pleas Court of Philadelphia County, Pennsylvania, Civil Trial Division, decided that arena operators' negligence led to physical injuries sustained as a result of the cancellation of a concert. Heenan v. Comcast Spectacor, 00980. Michelle Heenan filed suit claiming 'riotous behavior erupted after the announcement [at the First Union Center in December 2002] that the hard rock band Guns 'N Roses would not play and that she was injured when she fell as she and other concert-goers hurried out of the facility.' A jury ruled in favor of Heenan. Affirming, the common pleas court explained: 'Plaintiff claimed that Appellant was negligent for failing to provide adequate security. … Plaintiff claimed the last-minute cancellation was foreseeable considering Defendants' knowledge of the Band's recent cancellation [of a concert in a different city] under similar circumstances and the resulting damage.' The court then concluded: 'Under Section 344 [of the Restatement of Torts,] Defendants owed a duty to Plaintiff to anticipate possible dangers and to take reasonable precautions against such. The hasty exit by nearly 14,000 Guns 'N Roses fans, all disappointed, some angry and some violent, can be considered harmful third party conduct referred to in Sec. 344 which Defendants should have anticipated and formulated a plan to protect visitors such as Plaintiff.'

The U.S. District Court for the Southern District of New York ruled that there was a jury issue of whether a check endorsement satisfied the writing requirement of Sec. 204(a) of the Copyright Act for a transfer of copyright ownership of sound recordings to be effective. Rico Records Distributors Inc. v. Ithier, 04 Civ. 9782 (JSR). The district court noted: 'While an unlegended check will not satisfy the requirements of Sec. 204(a), such insufficiency may be overcome when a legend on a check makes clear that a copyright transfer was intended. ' Here, while the endorsements on the checks, such as 'Purchase of rights of EGC catalogue,' and 'Bonus on L.P. recording agreement,' are not sufficiently clear as to unambiguously evidence copyright transfer, they are susceptible to such an interpretation. Where contractual language is ambiguous, resort may be had to extrinsic evidence ' and plaintiffs have adduced sufficient extrinsic evidence to make a jury issue of whether these legended checks should be read as contracts of copyright transfer.'

Television-Programming Dispute/Judicial Forum

The Court of Appeal of Florida, Third District, decided that Mexico wasn't an adequate forum for the Florida-based Telemundo Network to file suit against a New York-based sports-programming competitor over broadcast rights to soccer games. Telemundo Network Group LLC v. Azteca International Corp., 3D05-259. The owners of the Jaguares soccer team were based in Mexico, but the Florida court noted that Mexico didn't recognize causes of action Telemundo could pursue against the programmer Azteca in a Florida court. The court of appeal noted: 'Azteca America conceded that Mexican law does not recognize the claim of tortious interference with a contract, as well as the fact that the Mexican legal system does not recognize any third-party actions relating to contractual rights. ' [In addition, t]he contract in question ' contained a forum selection clause (Miami), as well as a choice of law clause (Florida law). The forum-selection clause was mandatory.'

BOOK RELEASE

'Music, Money and Success,' 5th Edition by Jeffrey Brabec and Todd Brabec. Includes: new songwriter and composer income sources; 2006/2007 CD and download rates; ringtone, ringback and mastertone deals; video-game, song and score agreements; Internet royalties; podcasting, streaming and subscription services; Copyright Royalty Board and judges; and remix and sample deals. Published by Schirmer Trade Books. For further information: 800-GET-MUSIC or www.musicroom.com.

Upcoming Event

The Third Pacific Northwest Arts and Entertainment Symposium

Sponsored by the Washington State Bar Association. In Vancouver, WA, May 11, 2006. Topics include: entertainment law update; branded entertainment; music licensing and rights clearances; finding money/investors for creative projects; and writing for television and film. For further information: 800-945-WSBA or 206-443-WSBA or www.wsba.org/cle/seminars.