(1953) Tags: Columbia
Rooney v. Columbia Pictures Industries, Inc.
Plaintiff Mickey Rooney brings this action on behalf of himself and a purported class consisting of all performers in motion picture films produced by defendants or their predecessors and affiliates, the principal photography of which films was completed prior to February 1, 1960 (“pre-1960 Films”).
Rooney claims that, beginning at least as early as July 1, 1977, defendants conspired among themselves and with unnamed others to refuse to deal with Rooney regarding his “publicity rights” in pre-1960 films, with the purpose and effect of commercially exploiting such rights in the commercial television, pay television and audio-visual device markets, as well as in connection with the sale of merchandise, all without compensating Rooney for such exploitation.
The common premise underlying these claims is the contention of Rooney that defendants, while having secured the rights to exhibit pre-1960 films containing Rooney performances in movie theatres, did not acquire the rights to exhibit such films in the alternative markets.
On August 10, 1950, Rooney and Columbia executed a three-picture contract, under which Rooney was to receive fixed sums and a share of the profits of the three films, including television revenues.
By letter agreement dated February 22, 1957, Rooney, in exchange for $30,000, transferred to Columbia:
“… all of [his] right, title, and interest in and to any and all monies remaining payable to [him] pursuant to said employment agreement of August 10, 1950, as heretofore modified and amended, for the motion pictures SOUND OFF, ALL ASHORE, and DRIVE A CROOKED ROAD, including but not limited to any and all monies derived from the exhibition of said motion pictures by means of television.”