A contract is an agreement between two or more parties who have made mutual promises and agree to specific remedies if the promises are breached or broken. Celebrity contracts typically involve agreements between a movie studio or a record company and the entertainer to engage in a production or recording. Contract disputes arise when parties to the contract interpret provisions or obligations in different ways or when a party cannot or will not abide by the agreement. The cases wind up on an attorney’s desks when an unforeseen event or other issue makes a celebrity argue that it’s impossible to perform under the agreement’s terms. Sometimes the celebrity feels he or she just is not being paid enough compared to other celebrities. James Gandolfini, award-winning star of the dramatic series, The Sopranos, had a much-publicized contract dispute with HBO in 2003. Gandolfini sought to increase his per-episode salary of $400,000, alleging he was underpaid compared to other television stars. He also claimed that HBO had breached its contract with him by not timely notifying him that his services would be needed for the show’s fifth season. HBO countersued for more than $100 million. The parties quickly worked out their difference with Gandolfini winning a significant raise. Actress Uma Thurman and the French cosmetics company Lancome sued each other over a contract dispute in 2008. Ms. Thurman claimed the company used her image and name on Canadian billboards and Asian websites after her contract with the company had expired. Lancome claimed that third parties used her image and the contract excused the company from liability under those circumstances. In an unusual breach of contract suit, Rob Lowe sued a nanny that he had employed, accusing her of spreading falsehoods about him and his spouse. He claimed the nanny had signed a confidentiality agreement, which she breached by talking about the couple. Lowe also alleged the nanny breached her duty of loyalty, her fiduciary duties, and that she intentionally and negligently inflicted emotional distress. Although the nanny claimed her free-speech rights had been infringed, the suit was ultimately touted as a victory for a celebrity’s right to privacy.
MACY'S AND J.C. PENNEY, CO. FIGHT OVER MARTHA STEWART BRAND
Well-known department stores Macy's and J.C. Penney, Co. are fighting over who has rights to the popular Martha Stewart Living brand. And during a week of bad news for Penney, a judge's recent ruling might add a little light to an otherwise dark situation. Those who frequent Macy's have likely seen the various Martha Stewart Living products on the shelves, from bedding to dishes to décor and more. Penney wants in on some of the retail action that the domestic diva's name brings in, but Macy's isn't going to share her without a fight. Macy's argues that Martha Stewart Living Omnimedia has an exclusive agreement with the store; putting its products in Penney boutiques, therefore, would be a breach of contract. Yesterday, a judge ruled that no contract violation occurred, supporting Penney's hope that it will someday see Martha Stewart Living boutiques in its stores. Of course, the survival of Penney isn't guaranteed, a point that's been made clear this week with the loss of its CEO Ron Johnson. Despite recent attempts to reinvigorate the store and its brand, sales for Penney have significantly declined in the past year. Perhaps it was Johnson's hope that the addition of the Martha Stewart Living boutiques would bring some life back to the Penney brand. The lawsuits between Macy's, Penney and Martha Stewart Living are not over. Macy's has more it wants to prove and will continue to try to do so in court, maybe even through an appeal.
Contracts:
Generally defined as agreements between two or more parties that create obligations
http://xfinity.comcast.net/slideshow/entertainment-divorcepayouts/7/
Celebrity Contract Disputes
A contract is an agreement between two or more parties who have made mutual promises and agree to specific remedies if the promises are breached or broken. Celebrity contracts typically involve agreements between a movie studio or a record company and the entertainer to engage in a production or recording.Contract disputes arise when parties to the contract interpret provisions or obligations in different ways or when a party cannot or will not abide by the agreement. The cases wind up on an attorney’s desks when an unforeseen event or other issue makes a celebrity argue that it’s impossible to perform under the agreement’s terms. Sometimes the celebrity feels he or she just is not being paid enough compared to other celebrities.
James Gandolfini, award-winning star of the dramatic series, The Sopranos, had a much-publicized contract dispute with HBO in 2003. Gandolfini sought to increase his per-episode salary of $400,000, alleging he was underpaid compared to other television stars. He also claimed that HBO had breached its contract with him by not timely notifying him that his services would be needed for the show’s fifth season. HBO countersued for more than $100 million. The parties quickly worked out their difference with Gandolfini winning a significant raise.
Actress Uma Thurman and the French cosmetics company Lancome sued each other over a contract dispute in 2008. Ms. Thurman claimed the company used her image and name on Canadian billboards and Asian websites after her contract with the company had expired. Lancome claimed that third parties used her image and the contract excused the company from liability under those circumstances.
In an unusual breach of contract suit, Rob Lowe sued a nanny that he had employed, accusing her of spreading falsehoods about him and his spouse. He claimed the nanny had signed a confidentiality agreement, which she breached by talking about the couple. Lowe also alleged the nanny breached her duty of loyalty, her fiduciary duties, and that she intentionally and negligently inflicted emotional distress. Although the nanny claimed her free-speech rights had been infringed, the suit was ultimately touted as a victory for a celebrity’s right to privacy.
MACY'S AND J.C. PENNEY, CO. FIGHT OVER MARTHA STEWART BRAND
Well-known department stores Macy's and J.C. Penney, Co. are fighting over who has rights to the popular Martha Stewart Living brand. And during a week of bad news for Penney, a judge's recent ruling might add a little light to an otherwise dark situation.
Those who frequent Macy's have likely seen the various Martha Stewart Living products on the shelves, from bedding to dishes to décor and more. Penney wants in on some of the retail action that the domestic diva's name brings in, but Macy's isn't going to share her without a fight.
Macy's argues that Martha Stewart Living Omnimedia has an exclusive agreement with the store; putting its products in Penney boutiques, therefore, would be a breach of contract. Yesterday, a judge ruled that no contract violation occurred, supporting Penney's hope that it will someday see Martha Stewart Living boutiques in its stores.
Of course, the survival of Penney isn't guaranteed, a point that's been made clear this week with the loss of its CEO Ron Johnson. Despite recent attempts to reinvigorate the store and its brand, sales for Penney have significantly declined in the past year. Perhaps it was Johnson's hope that the addition of the Martha Stewart Living boutiques would bring some life back to the Penney brand.
The lawsuits between Macy's, Penney and Martha Stewart Living are not over. Macy's has more it wants to prove and will continue to try to do so in court, maybe even through an appeal.
On-Line Tools
Lesson 1:
http://school.cengage.com/blaw/lawxtra/studytools/ch06/lawxtra06-1tyk.html
Lesson 2:
http://school.cengage.com/blaw/lawxtra/studytools/ch06/lawxtra06-2sce.html
Lesson 3:
http://school.cengage.com/blaw/lawxtra/studytools/ch06/lawxtra06-3btc.html