Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
California Court of Appeal Greenlights New Trial In Columbo Net Profits Case
A character trademark of the TV detective Columbo, portrayed by actor Peter Falk, was to unbalance a homicide suspect he had been questioning by seemingly walking out of the room only to turn back to the suspect to ask "just one more thing." The 1971 agreement between Universal City Studios and the successful TV series' creators William Link and Richard Levinson permitted Universal to be a distributor of Columbo "photoplays." The agreement refers to "photoplay" several dozen times in such references as "anthological photoplays," "episodic photoplays," "pilot photoplay," "feature-length photoplay" and "television photoplays." But the contract parties failed to include "just one more thing" when negotiating their 17-page memo deal and two-page rider: a definition of the key term "photoplays."
Columbo had two successful network runs, on NBC from 1971 to 1978, and on ABC from 1989 to 2003, grossing a total of around $600 million. Years later, Universal was claiming the TV series hadn't yet earned net profits. In 2017, Link's Foxcroft Productions and Levinson's Fairmount Productions sued in part for breach of contract on the ground that the meaning of "photoplay" was ambiguous in the 1971 agreement, which thus didn't allow Universal to pay itself $160 million in distribution fees for acting as a distributor of the series' episodes and deduct the fees before "net profits" would be paid to Link and Levinson.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.