Cameo Clips

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.'

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.

The district court found The Romantics failed to establish a likelihood of success on a right-of-publicity claim because 'Michigan has never recognized right of publicity in the sound of a voice, even if distinctive, nor has it recognized a right of publicity for a combination of voices ' [Besides], the lead featured singer on the original master recording of the Song is not even a Plaintiff.' The court further noted that, in any case, 'the Game is an expressive artistic work entitled to First Amendment protection because the Game contains significant transformative elements and is not likely to interfere with the economic interest protected by the right of publicity.' The court also found that the Copyright Act pre-empted the band's right-of-publicity claim because the claim involved the licensing of a copyrighted song.

As for The Romantic's claim of false endorsement under the federal Lanham Act, the district court noted that such a claim hasn't been recognized 'predicated on the use of an allegedly distinctive 'signature' sound recording.' The court added, 'The reference to the name of 'The Romantics' during the play of the Game ' in the disclaimer language 'as made famous by The Romantics' ' is a non-infringing use of 'The Romantics.”

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.'

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.

The district court found The Romantics failed to establish a likelihood of success on a right-of-publicity claim because 'Michigan has never recognized right of publicity in the sound of a voice, even if distinctive, nor has it recognized a right of publicity for a combination of voices ' [Besides], the lead featured singer on the original master recording of the Song is not even a Plaintiff.' The court further noted that, in any case, 'the Game is an expressive artistic work entitled to First Amendment protection because the Game contains significant transformative elements and is not likely to interfere with the economic interest protected by the right of publicity.' The court also found that the Copyright Act pre-empted the band's right-of-publicity claim because the claim involved the licensing of a copyrighted song.

As for The Romantic's claim of false endorsement under the federal Lanham Act, the district court noted that such a claim hasn't been recognized 'predicated on the use of an allegedly distinctive 'signature' sound recording.' The court added, 'The reference to the name of 'The Romantics' during the play of the Game ' in the disclaimer language 'as made famous by The Romantics' ' is a non-infringing use of 'The Romantics.”