REMEDIES FOR BREACH OF CONTRACT AND COPYRIGHT INFRINGEMENT

ABKCO Music v. Harrisongs

Events

In the copyright infringement suit, Bright Tunes v. Harrisongs, Bright Tunes wins.

A hearing on damages is scheduled.

Bright Tunes sells the copyright and the rights in the litigation to ABKCO Music for $587,000.

Harrisongs alleges that Klein of ABKCO had been its business manager during the period of inringement, that there had been a breach of fiduciary dury, hence ABKCO shouldn't be allowed to recover.

Hearing on damages.

Earnings:

mechanical royalties

performance royalties

sheet music

manufacturer--Apple Records, Inc.

Deductions:

expenses

portion of earnings due to other factors (Harrison's fame, etc.)

Hearing on Klein's breach of fiduciary duty (fiduciary--pertaining to a position of trust and confidence)

1971-1973 Klein (ABKCO) was GH's business manager and was paid 20% of the profits.

Bright Tunes sued

1973--Klein was fired

1975--Harrison makes a settlement proposal of $148,000

Klein offers to by BT for $200,000

Trial (BT wins)

1978--Klein buys BT for $587,000

Cass County Music Co. v. C.H.L.R.

C.H.L.R. owns Sanford's Comedy House in Little Rock, AR. Cass County music owns the copyright to the 4 songs at issue. ASCAP contacted the comedy house to tell them they needed a license to play the music before and after comedy shows. The Comedy House adopted a no-ASCAP policy (policy to play only music in the public domain) but did not follow it.

The district court refused a jury trial and awarded--

statutory damages

attorneys fees

costs

On appeal, defendants want a jury trial

 

Contemporary Mission v. Famous Music Corportaion

CM is a group of RC priests who write, produce, publish and perform music. They composed the rock opera, "Virgin." The defendant publishes music; past successes have been "Tommy" and "Jesus Christ Superstar."

There are 2 contracts at issue--

1. The Virgin Agreement (1972)

FMC has the exclusive right to manufacture/distribute CM's music

FMC

will appoint someone to oversee promotion and sales

will spend $50,000 on promotion in the first year

will issue 4 singles from "Virgin" within 2 years

non-assignability clause, p. 356 n. 3.

2. The Crunch Agreement (1973)

CM gives to FMC the exclusive right to distribute music (other than "Virgin" under the Crunch label. p. 357, n. 4.

In 1974 defendant business was sold to ABC Records. ABC wanted nothing to do with CM.

Damages

breach of contract

compensation for lost royalties

statistical evidence

compensation for lost revenue on concert tours

Assignment of rights vs. delegation of duties

 

Hollywood Fantasy Corporation v. Gabor

HFC briefly promoted fantasy vacations on which participants would make a movie with a Hollywood personality. Zsa Zsa Gabor was the chosen personality.

The conditions of her contract to work for May 2-4, 1991. p. 206.

The contract had an "out clause": HFC "agrees that if a significant acting opportunity in a film comes up, ZZG will have the right to cancel her spearance in San Antonio by advising HFC in writing by April 15, 1991."

She cancelled by telegram on April 15 saying she was in preproduction for a film, "Queen of Justice."

HFC sued. Trial 1, she did not appear. Trial 2 jury awarded HFC $100,000 for breach of contract.

She appeals on the grounds--

1. there was no contract

2. the jury finding that she did not effectively exercise the "out clause" was not supported by the evidence

3. the award was not supported by the evidence and was speculative

4. the judge should have recused himself