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Composition Creation/Statute of Frauds
The U.S. District Court for the Northern District of Ohio, Western Division, decided that the state statute-of-frauds for intangible goods, rather than the one for personal services, applied to a claim for breach of an oral agreement for plaintiff Jon Stainbrook to create songs for the defendant's TV show 'In the Zone.' Stainbrook v. Fox Broadcasting Co., 3:05 CV 7380. The court noted: 'Defendant wanted the songs, and the labor on Plaintiff's part is merely incidental. This is evidenced by the fact that Defendant was to pay Plaintiff on the delivery of the song, not based on his labor.' The court determined there was a material issue of fact as to whether an oral agreement existed. The intangible-goods statute would limit any recovery by Stainbrook to $5000.
Concert Venues/Charitable Immunity Statutes
The Superior Court of New Jersey, Appellate Division, affirmed that the non-profit Newark Symphony Hall was protected from a spectator's personal injury suit by the state's charitable immunity statute, N.J.S.A. Sec. 2A:53A. Williamson v. Newark Symphony Hall, L-5909-04. The court noted: 'Since entertainment falls within the education category for charitable organizations ' and the organization receives support from grants and sponsorships, we conclude that the [Symphony Hall] Corporation falls within the charitable immunity statute. ' The fact that the Corporation rents part of its facilities to cover its operating expenses does not detract from its nonprofit status and does not remove it from the charitable immunity umbrella.'
Copyright Infringement/Co-Authorship Bar
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