 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Styne v. Stevens2/8/2000
he agreement was for the sale of products and thus outside the realm of entertainment and of the Act. Styne also pointed out in his opposition to Stevens's summary judgment motion that the issue of the validity of the agreement under the Act was for the Labor Commissioner in the first instance. The trial court denied the motion.
The case came on for trial in January 1998. Prior to evidence being taken, Stevens proposed a jury instruction which would require the jury to determine whether Styne had violated the Act. The court refused the instruction.
The evidence at trial touched on the matters which Stevens had raised in her summary judgment motion. Ironically, the same evidence which tended to support Stevens's position that Styne was engaged in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for Stevens (§ 1700.4, subd. (a)) also tended to support the existence of an oral agreement between Stevens and Styne.
The evidence, although far from conclusive, included testimony tending to show that Styne was actively engaged in promoting Stevens's employment opportunities. Stevens was a successful singer and actress. She had appeared in films and concerts, and on television. In recent years, however, her services were less in demand, and she was facing financial hardship. Styne took steps toward obtaining employment for Stevens as a spokesperson for products, recording albums, and appearing in concert engagements through HSN. Styne spoke to HSN entertainment chief Kenneth Yates on numerous occasions about Stevens, and sent a letter to him in which Styne promoted Stevens's outstanding communication skills and her wholesome and appealing public image. He set up a meeting so that Stevens could meet with top HSN executives to cement a deal. Styne attended the meeting and pushed for concerts and albums featuring Stevens. He initiated numerous other meetings to promote Stevens's interests with HSN, and prepared detailed budget proposals and profit projections. Styne took credit for bringing about the HSN deal.
The ultimate deal struck between Stevens and HSN involved no direct payment for appearances, but rather the sales of Stevens's own cosmetics products. Stevens promoted her product line on the network. She supplied her products to HSN, which purchased them from Stevens and sold them to consumers.
The jury found in favor of Styne, and Stevens moved for judgment notwithstanding the verdict and for new trial. The trial court granted the new trial motion on the ground that it had prejudicially erred in failing to instruct the jury on the requirements of the Act and denied the motion for judgment notwithstanding the verdict.
DISCUSSION
1. Scope of the Act
The Act provides that " o person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner." (§ 1700.5.) A talent agency is "a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists." (§ 1700.4, subd. (a).) "Artists" means "actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises." (§ 1700.4, subd. (b).) The purpose of the Act is to protect ar
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|