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Cameo Clips

By ALM Staff | Law Journal Newsletters |
January 28, 2005

Artist Death/Record Company's Claim

A record company couldn't proceed with a negligence claim against a video production company for the death of its primary artist during a video shoot, the Supreme Court of New York, Appellate Division, First Department, decided. Barry & Sons Inc. v. Instinct Productions LLC, 4714. The artist Aaliyah signed an agreement with Blackground Records. Blackground entered into an agreement with Instinct Productions for production of the music video “Rock the Boat.” Aaliyah died in an airplane crash that Instinct chartered during video production. Aaliyah's parents filed a wrongful death action in California against Instinct that was later settled. Blackground then sued Instinct. The New York trial court dismissed Blackground's claim for a declaratory judgment of failure to perform the video production contract, but allowed Blackground to proceed with a claim that Instinct's negligence resulted in severe harm and loss to the record company.

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