In Buchwald v. paramount, because the agreement between Buchwald and paramount did not define certain terms, the court determined:<u> to impose contractual liability on the defendants</u>.
Buchwald vs. Paramount (1990), 1990 Cal. Apartment LEXIS 634, is an infringement lawsuit filed and settled by the State of California in which humorist and author Art Buchwald claims that Paramount Pictures stole his screenplay idea and that in 1988 He claimed to have turned it into the movie Coming to America. After Buchwald won the lawsuit and was awarded damages, he accepted a settlement from Paramount before appealing.
This ruling was particularly significant in the court's finding that, during the damages phase of the trial, Paramount used an "unscrupulous" means of determining author payouts, commonly referred to as "Hollywood Accounting." Despite grossing $288 million, Paramount owes Buchwald nothing because the film had no net income, according to the definition of "net income" in Buchwald's contract.
I submitted accounting evidence to support my assertion that there was none. The court agreed with Buchwald's argument that this was "unscrupulous" and therefore ineffective.
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