Legal Question in Entertainment Law in California

I had a production agreement in which I hired 2 people to perform web videos. They were to perform web videos exclusively for my website and were not permitted to perform in similar web videos for any other website. We did so for almost 2 years. Last month, I solely coordinated an opportunity for the web video performers to have several appearances at a major trade show as a promotional tool for our videos. I solely secured sponsoring to cover the performers travel and accommodation expenses to and from the show. The appearances were a success and the sponsor was pleased. I approached the sponsor about possibly sponsoring the web videos. On the same day I presented to sponsorship proposal, I was informed by the performers that the sponsor wanted them to do web videos for them. I contacted the sponsor and informed them that I had an exclusive web video contract with the performers, but was willing to work out a partnership agreement with the sponsor. The sponsor declined. I did not hear anything from the performers so I emailed them and asked what was going on. They sent me an email saying they were not pleased that I contacted the sponsor. They said they would only be doing patterns and not videos for the sponsor and they would have to reassess our relationship. Today, I received an email from the performers' attorney saying I breached the contract due to non-payment of fees. I owe them approximately $600 for web videos they agreed to perform in while waiting for us to get a sponsorship. I don't want anything more to do with them. However, I put in a lot of time, money and effort to basically set up what has become a sweet deal between the sponsor and the performers. Also, last year the agreement was amended to include a fee-based subscription club. Those subscribers need to be refunded their money. I feel the performers should pay the refunds because they have broken the contract. Am I entitled to any monetary recovery?


Asked on 2/24/10, 2:42 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Maybe. Much depends on the wording of the actual contracts with the performers. More importantly, it may even be possible to prevent the performers from working for the sponsor, AND to sue the sponsor for interfering with your business relationship with the performers.

You need to hire a lawyer to look into this for you.

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Answered on 3/03/10, 5:41 pm


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