Golden Gate University
School of Law
ENTERTAINMENT LAW
Professor Marc Greenberg
FINAL EXAM - Fall 2001
THIS IS AN OPEN BOOK OPEN MATERIALS
EXAM. You may use any notes,
books, or other materials to assist you in responding to the questions.
There are two (2) essay questions on this exam. Each question is worth fifty (50) points.
Answer each question as fully as you can, citing any appropriate cases, industry standards, and
statutes that are relevant.
DO NOT WRITE ON BOTH SIDES OF THE PAGE.
WRITE LEGIBLY OR PRINT IF
YOUR HANDWRITING 1S DIFFICULT TO READ. If I cannot read your response to a
question, your grade will be adversely affected.
You have three hours to complete this exam. You are not required to spend the entire
time working on the exam - the average time for completion is between two and three hours.
You should outline your response to each question, before writing the response. I recommend
that you spend one third of the time on each question creating your outline, and the remainder of
your time writing your answer. For example, if you spend 1.5 hours per question, devote .5
hours to the outline, and 1 hour writing the answer.
QUESTION NO. 1 (50 Points)
Your client, PETER PARKER, is a writer, who is working on a biography of former U.S.
President William J. Clinton. PARKER plans to write an "expose" style biography, revealing
many embarrassing details about President Clinton's romantic life. He intends to also disclose
private details about the medical history of President Clinton's parents and relatives, as well.
He
interviewed Clinton six months ago, and took written notes of the conversation.
Based on his
notes, he plans to "create" quotations of statements that are close to, but not exactly, what
President Clinton told him in their conversation. He also plans to include private letters
President Clinton wrote to a woman he had an extramarital romantic affair with. PARKER asks
for your advice on the following issues:
1. Does President Clinton have any basis for
claim(s) against PARKER for writing this
biography, and if so, what claims does Clinton have, and what is the likelihood that
Clinton would win any suit filed based on those claims?
2. Do President Clinton's family members have any basis for claim(s) against PARKER for writing this
biography, and if so, what claims do they have, and what is the likelihood that the family members would win any suit
filed based on those claims?
3. Is it possible for either President Clinton or his family to seek any prejudgment remedies, and if so, what
remedies could they seek and what are the elements they would have to show to be granted those remedies?
4. If any claims are filed against PARKER in this situation, will they be filed in federal or state court?
Explain your answer in detail.
QUESTION NO. 2 (50 Points)
You are the attorney for a five-member San Francisco rock band called GREEN GOBLIN. Your client seeks your advice
regarding the following situation: Eight years ago, your client signed exclusive agreements with Los Angeles Attorney
JONAH JAMESON and San Francisco personal manager MARY JANE for assistance in their career as recording
artists.
The band hired JAMESON to get them a record contract with Arista Records because JAMESON represents Arista
and therefore had good contacts with the company. The only correspondence GREEN GOBLIN had with JAMESON
about his services was an oral discussion of his fee for the work, which he insisted had to be a 45% fee based on all
income the band earned from any activity during the course of the next ten years.
JAMESON has been collecting this
fee percentage for the past 8 years, during which time he has obtained a record deal at Arista for the band.
The terms of the Arista deal are for a 12 year time period, and require the band to produce three original records per
year. No advances are paid, and the domestic royalty rate is 6%. All income from record sales is cross-collateralized
against all other band income. The only income the band is receiving is from record royalties.
Arista has the right to
revise any of the band's records, to change lyrics or recordings, and to add the work of other Arista artists to the
GOBLIN's recordings without the band's prior consent.
The band also signed an exclusive personal management agreement with Mary Jane which allows her to book live
engagements for the band (she is not a licensed talent agent). This management agreement also allows her to collect a
35% fee based on all band activity, which she has been doing for the last eight years, on her ten-year contract with the
band.
The band asks your advice on the following issues:
1. Can the band break its contract with JAMESON? Why or why not? Does the band have any basis for a
claim or claims against JAMESON? If so, what claims may be brought against him? What defenses can JAMESON
raise, and who is likely to prevail in any such case?
2. Can the band break its contract with Arista?
Can the band sign with another record label right away? Does the band have a "moral right" to prevent Arista from
changing their lyrics? Are the terms of the Arista/GREEN GOBLIN deal consistent with industry standards,
and if not, what is the appropriate industry standard for each of the terms listed?
3. Can the band break its contract with JANE?
Why or why not? Does the band have any basis for a claim
or claims against JANE? If so, what claims may be brought against her?
What defenses can JANE raise, and
who is likely to prevail in any such case?