Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cameo Clips

By ALM Staff | Law Journal Newsletters |
February 28, 2008

TALENT AGENCIES ACT/SEVERABILITY DOCTRINE

The California Supreme Court held that the state's Talent Agencies Act, Labor Code Sec. 1700 et seq., applies to personal managers. But the supreme court also decided that the doctrine of severability can be applied to partially enforce a contract with a management firm that procured some employment for a management client without being a licensed talent agent. Marathon Entertainment Inc. v. Blasi, S145428. Actress Rosa Blasi refused to pay Marathon Entertainment a 15% management commission for her role on the TV series 'Strong Medicine.' She argued that her management contract with Marathon was void because Marathon procured some employment for her without being licensed under the Talent Agencies Act. The California Court of Appeal decided that Blasi hadn't established that her 'Strong Medicine' role had been illegally procured. The Court of Appeal also ruled that the doctrine of severability could be applied to obligate Blasi to pay management commissions to Marathon for employment otherwise legally obtained.

Affirming, the state supreme court first found that 'even a single act of procurement' for a management client 'suffices to bring a manager under the Act.' But the supreme court noted: 'The Act is silent ' completely silent ' on the subject of the proper remedy for illegal procurement.' The court then said of Calif. Civ. Code Sec. 1599, which generally permits severability of contracts: 'Ordinary rules of interpretation suggest Civil Code section 1599 applies fully to disputes under the [Talent Agencies] Act; nothing in the Act's text, its history, or the decisions interpreting it justifies the opposite conclusion. We conclude the full voiding of the parties' contract is available, but not mandatory; likewise, severance is available, but not mandatory.'


VIDEO GAMES/ARTISTS' INDICIA

The U.S. District Court for the Eastern District of Michigan denied a motion for a preliminary injunction by the rock band The Romantics to bar the advertising and sale of the video game 'Guitar Hero Encore: Rocks the 80s,' which contains the band's hit 'What I Like About You.' The Romantics v. Activision Publishing Inc., 07-14969. In its ruling, the district court made clear its position on the issues in the case. Activision, the game's distributor, obtained a synchronization license from EMI Entertainment for use of the song, identified in 'Guitar Hero' 'as made famous by the Romantics' and re-recorded by musicians other than The Romantics. The band's name doesn't appear on the video game's packaging.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.