The book was authored by Twin Peaks co-creator Mark Frost and told the story of two millionaires, Eddie Lowery and George Coleman, who made an off-the-cut bet in 1956 that set off a golfing duel between golf legends Ben Hogan and Byron Nelson and two top amateurs, Harvie Ward and Ken Venturi.
Frost sold film rights to his work to MVP Productions -- or did he?
According to the latest ruling, it is undisputed that Wertheimer didn't have actual authority to transfer the copyright in The Match, but MVP argued there was a triable issue whether he had "ostensible authority," roughly meaning that appearances were made so as to lead others into believing the presence of a true authority.
But the appeals court says it doesn't matter. The only thing that matters is actual authority, which only comes through a writing signed by the copyright owner. This way, authors are ensured of not giving away copyright inadvertently. According to the ruling, "Assuming Wertheimer had ostensible authority, such authority was insufficient to effectuate a transfer of the copyright in The Match."
The appeals court goes onto say that the misrepresentation claim won't survive either "because MVP fails to identify any conduct by Frost suggesting Wertheimer was Frost's duly authorized agent."
Heres the Ruling: http://www.courts.ca.gov/opinions/documents/B235100.PDF
Read More: http://www.hollywoodreporter.com/thr-esq/appeals-court-rules-twin-peaks-387785
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.