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Composition Creation/Statute of Frauds
The U.S. District Court for the Northern District of Ohio, Western Division, decided that the state statute-of-frauds for intangible goods, rather than the one for personal services, applied to a claim for breach of an oral agreement for plaintiff Jon Stainbrook to create songs for the defendant's TV show 'In the Zone.' Stainbrook v. Fox Broadcasting Co., 3:05 CV 7380. The court noted: 'Defendant wanted the songs, and the labor on Plaintiff's part is merely incidental. This is evidenced by the fact that Defendant was to pay Plaintiff on the delivery of the song, not based on his labor.' The court determined there was a material issue of fact as to whether an oral agreement existed. The intangible-goods statute would limit any recovery by Stainbrook to $5000.
Concert Venues/Charitable Immunity Statutes
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