(2010)
Sinners and Saints, L.L.C. v. Noire Blanc Films, L.L.C.
Plaintiff Sinners and Saints, L.L.C. is the copyright claimant to the Motion Picture Sinners and Saints and the film is the company’s only asset. There was equal membership interest in the Company between Daniel Garcia and Mark Clark.
Shortly after the Motion Picture was “finished” and without consultation or authority from the other equal member of the Company, Clark allegedly executed a “Production Services Agreement” on behalf of the Company, transferring all or substantially all of the Plaintiff’s assets to Defendant, Noire Blanc.
Clark’s actions allegedly stripped the Company of all its property/assets, its only means to generate income and obligated it to pay debts that would arise in the future as a result of Noire Blanc’s exploitation of the Motion Picture. Plaintiff maintains the Production Services Agreement executed by Clark on behalf of the Company is invalid because Clark lacked the authority as a member of Company to execute the Production Services Agreement with Noire Blanc without Garcia’s consent.
Plaintiff is further informed and believes, and on that basis, alleges that Defendant, Noire Blanc, has infringed copyright to Plaintiff’s work and is distributing, selling or licensing for sale illegal and unauthorized copies of the Motion Picture.
Judgment: Plaintiff, Sinners and Saints, LLC, and Defendants, Noire Blanc Films, LLC, Anchor Bay Entertainment, LLC, and Hiscox Insurance Company, Inc., have executed a Settlement Agreement that resolves their claims and disputes. The parties stipulate to the dismissal With prejudice of the complaint as supplemented and amended, With each party to bear its own costs, attorney fees, and other expenses.