2009 Lecture 4 Actual

2009 Lecture 4 Actual - ENTERTAINMENT LAW University of...

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ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 4 Prof. Michael Grizzi
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Administrative issues Where we are: May receive a revised syllabus next week after we see how far we get today, but prepare next week’s reading as scheduled unless I e-mail the class tomorrow Handout for next week: Grosso v. Miramax Film Corp. (the “Rounders” case)
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Questions from your classmates When we were talking about deal memos and long-form contracts in class, you said California courts have given effect to e- signatures in the past to enforce such agreements. What about New York? I just want to make sure I have any subtle differences down since you said we should differentiate between CA and NY law in our final exam answers.
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New York: Article III - (301 - 309) ELECTRONIC SIGNATURES AND RECORDS ACT (ERSA) Provides that "signatures" made via electronic means are as legally binding as handwritten signatures. (PS: yes, if appropriate given the fact pattern, you may be asked to differentiate between the laws of CA and NY (or perhaps any other state we specifically discuss)).
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“Is there a PGA rule or some industry convention under which a studio grants producer credit to actors who have certain amount of approval / consultation rights on a production?” No, while higher level actors may receive producer credit (and additional compensation in connection with producing services), the producing component of their services on a picture, including credit, is most commonly the outgrowth of a separate negotiation, and not as a result of an industry convention that the actor automatically receives credit as a result of having approval or consultation rights.
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Recall that the PGA is a trade organization representing television and film producers, but is not a collective bargaining union in the same sense as the WGA or SAG, although the PGA does have agreements with major studios to provide pension, health and welfare benefits to its members (and can assist individual producers with credit matters and working conditions).
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Where we were last week: Talent contracts - issues with personal service contracts: Contract formalities Enforceability of oral agreements Lesson of the Basinger case: enforceable personal service obligations may be created notwithstanding the informal manner in which much of the entertainment industry makes deals. Statute of frauds considerations Material deal terms
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We also discussed the theory of promissory estoppel (Aretha Franklin case) A party which knowingly allows another party to take action in reliance on their agreement may create a contract-like obligation for itself even if a signed, written contract is intended.
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“Best efforts” clauses Pinnacle Books, Inc. v. Harlequin Enterprises Limited Facts of case Courts (such as this one) may require a clear set of guidelines, either express or implied, against which parties' best efforts may be measured Footnote: court suggests that Pinnacle could have
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This note was uploaded on 12/04/2009 for the course LAW ENTERTAINM taught by Professor Grizzi during the Fall '09 term at USC.

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2009 Lecture 4 Actual - ENTERTAINMENT LAW University of...

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