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<i><b>Commentary</i> Lessons in Decision on Nash Bridges Actor Services Agreement</b>

BY Schuyler M. Moore
November 29, 2012

The recent decision in Don Johnson Productions Inc. (DJP) v. Rysher Entertainment LLC, 209 Cal.App. 4th 919 (2012), packed a punch on a number of important issues. The background facts date all the way back to 1994, when DJP and Rysher Entertainment LLC entered into a contract whereby DJP agreed to provide the services of actor Don Johnson for the television series Nash Bridges and Rysher agreed to fund production of the series. The contract included detailed accounting provisions setting out the DJP's participation in revenues, but critically, a separate provision in the contract granted DJP a 50% interest in the series copyright, although Rysher retained distribution rights (other than on interactive devices, which weren't worth much in 1994). The contract was extended several times and the final episode of the TV series aired on May 4, 2001.

In 2001, 2929 Entertainment LP purchased Rysher, then in 2006 sold Rysher to Qualia Capital LLC. Some time prior to 2008, Qualia dissolved Rysher.

On May 16, 2002, DJP and Rysher had entered into a tolling agreement, which provided that tolling of the statute of limitations on litigation by DJP over the agreement would continue “until and unless you [i.e., Rysher] give us reasonable notice (30 days) rescinding this tolling agreement.” The rescission notice was never given and in 2009 DJP sued Rysher (and 2929 Entertainment and Qualia as alter-egos of Rysher), claiming that Rysher breached the contract by failing to pay DJP 50% of all profits from the series based on DJP's 50% copyright ownership.

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