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Being a Principal in Production and Distribution Agreement Makes Artist Subject to Personal Jurisdiction
The U.S. District Court for the Northern District of Georgia decided that Texas-based artist Dash Crofts is subject to jurisdiction in a suit in Georgia alleging that Crofts breached a production and distribution agreement with the plaintiff by allegedly improperly negotiating with a third party for Seals and Crofts music. St. James Entertainment LLC v. Crofts, 1:09-CV-1975-RWS. Crofts argued that the St. James/Crofts agreement had been executed in Tennessee and that he performed only one concert in Georgia. But Northern District Judge Richard W. Story noted: “The dispute at the heart of this lawsuit arises out of the obligations and alleged breach of contract under [Crofts'] Agreement with [St. James] which created and formed SCHR Productions, LLC. ' As a principal of a Georgia company, Crofts has benefitted from the State's corporate structure and taken advantage of Georgia's privileges and laws. Further, Crofts has intentionally and knowingly contracted with SCHR Productions, LLC, a Georgia company, for the production and distribution of his music. In doing so, he has purposefully availed himself of the laws of the State of Georgia and reasonably should have expected to be haled into court in the State.”
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