Lathrop & Gage Obtains Summary Judgment for Firm Client Kesey LLC in Dispute over Screenplay Ownership
Lathrop & Gage partner David Aronoff (Intellectual Property - Los Angeles) won a significant victory recently for Kesey LLC, an entity formed by the heirs of the late author Ken Kesey to manage the famed author's literary estate, when a magistrate judge ruled in its favor in an action that Mr. Aronoff filed to establish the client's sole and undisputed ownership of Kesey's screenplay Last Go Round. Kesey, who was also the author of the novels One Flew Over the Cuckoo's Nest and Sometimes a Great Notion, passed away in 2001.
In a detailed 69-page ruling addressing the parties' cross motions for summary judgment, the magistrate judge ruled in favor of Kesey LLC, granting summary judgment for Mr. Aronoff's client and holding that it exclusively owns all rights in and to the Last Go Round screenplay and all derivative works based thereon. The ruling deals with important issues arising under the Copyright Act's work-for-hire and statute of frauds provisions, and may have important ramifications in other cases where a screenplay or other work has been created for a production or distribution entity under circumstances where no executed writing spells out the parties' respective rights in the work.
"We're obviously pleased with the magistrate judge's comprehensive and carefully reasoned opinion, and we believe that it will be adopted by the district judge. After over three years of litigating this matter, it a pleasure that our client's rights have been vindicated," said Mr. Aronoff, who has over 20 years experience litigating hard-fought business cases, including breach of contract, intellectual property, entertainment, and media matters.
Mr. Aronoff has represented and advised numerous business entities - including motion picture and television studios, production companies, broadcasters, computer game companies, music publishers and advertising agencies - in a wide variety of disputes, many involving copyright, trademark, right of publicity, unfair competition, trade secret, false advertising and related issues. He has handled numerous claims concerning popular entertainment works, such as "Along Came Polly," "There's Something About Mary" and "The Mask of Zorro." In addition, he has represented clients in commercial enterprises ranging from clothing manufacture to the turf grass sod industry. Mr. Aronoff is presently serving as Treasurer and Board Member of the Los Angeles Copyright Society and is a past Chairman of the Intellectual Property and Entertainment Law Section of the Los Angeles County Bar Association.
About Lathrop & Gage:
A leading Midwest full-service law firm, Lathrop & Gage LLP has approximately 300 attorneys in 11 offices nationwide – from Los Angeles to New York, New York. In 2009, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in the Midwest. For more information, visit www.lathropgage.com.
