Available instantly. We cannot see how the 1994 Agreement could be an agreement to the contrary solely because it had the effect of eliminating termination rights that did not yet exist. All relationship and family history information shown on FameChain has been compiled from data in the public domain. See 17 U.S.C. View popular celebrities life details, birth signs and real ages. {{cite book}}: CS1 maint: uses authors parameter (link). The Copyright Act gives to authors and certain enumerated family members the power to terminate prior grants of transfers or licenses of copyright. 2969, 165 L.Ed.2d 952 (2006).6. Kaffaga, who is in her 80s, is the executor of her mothers estate. Waverly Rank in US Top 1000. We also reject the suggestion that, notwithstanding the plain language of the 1994 Agreement, there was no effective termination of the 1938 Agreement because the 1994 Agreement provided no opportunity-no moment of freedom-for those holding the termination right to renegotiate the terms of the grant. Contact us. Jim Beaver , Other Works 4.3 4.3 out of 5 stars (227) Kindle. The 1994 Agreement is not invalid as an agreement to the contrary-and the Steinbeck Descendants' termination right under section 304(d) is therefore no longer effective-even if the agreement had the effect of eliminating a termination right that Congress did not provide until 1998. Records may include photos, original documents, family history, relatives, specific dates, locations and full names. We recommend you to check the complete list of Famous People born on 21 February. In a related action, initiated by the Steinbeck Descendants, the estate and heirs of Elaine Steinbeck filed counterclaims seeking an equivalent declaration. 99. Waverly Scott Kaffaga, individually as Executor of the Estate of Elaine Anderson Steinbeck, David Scott Farber, Anderson Farber Runkle, Jebel Kaffaga, Bahar Kaffaga and Jean Anderson Boone, Defendants-Counterclaim-Plaintiffs-Appellants, v. 10 | FindLaw FindLaw / Caselaw / United States / US 2nd Cir. No. No. This power is based on Congressional recognition that young authors frequently enter into long-term contracts with publishers when their bargaining power is weak and their prospects for success uncertain, and discover increased leverage only when they later achieve commercial success. A collateral relative of George Washington and William Barclay 'Bat' Masterson, Scott was the son of a wealthy surgeon. , money, salary, income, and assets. The section provides, in pertinent part: In the case of any copyright subsisting in either its first or renewal term on January 1, 1978, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by [the author or the author's heirs as specified at section 304(a)(1)(C)], otherwise than by will, is subject to termination under the following conditions: (1) In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected by the author who executed it or, if such author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's termination interest. A resident of Manhattan and Sag Harbor, N.Y., where the Bay Street Theater stage is named in her honor, Steinbeck also played an important role in the conception of Travels with Charley, her husbands 1962 chronicle of a road trip across America with their French poodle. In Sag Harbor, the writing day always began with a walk to the shore with Charley. There is some question as to why Penguin agreed to terminate and renegotiate the 1938 Agreement, for without a majority termination interest, it appears that Elaine Steinbeck would have been unable to terminate the 1938 Agreement on her own. Her statutory termination rights expired upon her death. Unable to find roles, she schooled herself in the technical aspects of theater production and became one of the first women to stage-manage a Broadway show -- the original 1943 production of Oklahoma! Other shows she managed during that decade included the Broadway production of Othello starring Paul Robeson and Uta Hagen. They met secretly over the next months, often roaming the Central California territory that he knew so well. 1750; accord Marvel Characters, Inc. v. Simon, 310 F.3d 280, 283 (2d Cir.2002) (quoting Stewart). King George is on the throne, but there are those in Scotland who swear loyalty to the Stuart heir, Bonnie Prince Charlie, and are prepared to stake his claim in conflict and bloodshed. I have removed the sentence "They had one child together, Waverly Elaine Scott." that was added in the "Personal life" subsection on May 7, 2020. The 1976 amendments to the Copyright Act, which took effect in 1978, abandoned this framework. His net worth has been growing significantly in 2021-2022. See H.R.Rep. When Steinbeck died in 1968, he bequeathed his interest in these copyrights to his widow, Elaine Steinbeck. The court rejected Penguin's argument that the 1994 Agreement extinguished the section 304(d) termination right, observing that the agreement explicitly contemplated the future exercise of termination rights and that it did not grant Penguin rights that were any greater or lesser than those granted by the 1938 Agreement. Although Hollyood publicists wrote that she had been named after the novel, she was in fact named after her maternal grandfather. PENGUIN GROUP (USA) INC., Plaintiff-Appellant, Waverly Scott Kaffaga, individually as Executor of the Estate of Elaine Anderson Steinbeck, David Scott Farber, Anderson Farber Runkle, Jebel Kaffaga, Bahar Kaffaga and Jean Anderson Boone, Defendants-Counterclaim-Plaintiffs-Appellants, v. Thomas STEINBECK and Blake Smyle, Plaintiffs-Counterclaim-Defendants-Appellees, Nancy Steinbeck, Intervenor-Plaintiff, McIntosh & Otis, Inc., The Steinbeck Heritage Foundation, Eugene H. Winick, Samuel Pinkus and Steven Frushtick, Defendants-Counterclaim-Plaintiffs, Francis Anderson Atkinson and Does 1-10, Defendants. 34465541-95D0-45B0-BEEB-B9E0361A315A She was the widow of author John Steinbeck. There he found work in provincial repertory, gaining confidence and skill. On June 13, 2004, John Steinbeck's surviving son Thomas, and Blake Smyle, the sole surviving child of Steinbeck's other son, the deceased John IV, (collectively the Steinbeck Descendants) served what purported to be a notice of termination (the Notice of Termination) on Penguin terminating the grants made by the 1938 Agreement to Penguin's predecessor-in-interest (Viking). Penguin argued that the 1994 Agreement, to which Elaine Steinbeck was a party, superseded and itself terminated the 1938 Agreement, and that there was therefore no pre-1978 grant of a transfer or license of the renewal copyright to which section 304(d) could be applied. Condolences may be made to Elaine's family at www.emfaheyfuneralhome.com Published by Ithaca Journal from Nov. 3 to Nov. 5, 2019. (3)Termination of the grant may be effected at any time during a period of five years beginning at the end of fifty-six years from the date copyright was originally secured, or beginning on January 1, 1978, whichever is later. Intending to follow his father into medicine, Scott studied at the University of Texas, but found he preferred the theater. See Milne v. Stephen Slesinger, Inc., 430 F.3d 1036, 1046 (9th Cir.2005) (post-1978 agreement superseding pre-1978 agreement was of the type expressly contemplated and endorsed by Congress because it enabled an author's statutory heirs to renegotiate the terms of an original grant with full knowledge of the market value of the works at issue), cert. 304(c). Returning to Texas, he married actress Elaine Anderson and became active in local theater in Austin. Discover Zachary Scott's Biography, Age, Height, Physical Stats, Dating/Affairs, Family and career updates. His father was a distinguished physician; his grandfather was a pioneer cattle baron. View Cynthia Scott results in Virginia Beach, VA including current phone number, address, relatives, background check report, and property record with Whitepages. She obtained a divorce from Scott in December 1950 and married Steinbeck a week later. The purpose of providing this renewal term was to permit the author, originally in a poor bargaining position, to renegotiate the terms of the grant once the value of the work ha[d] been tested. Stewart, 495 U.S. at 218-19, 110 S.Ct. Our mission is to get Southern California reading and talking. is 6'(1.83m) . Waverly Elaine Scott - Biographical Summaries of Notable People - MyHeritage Discover your ancestry - search Birth, Marriage and Death certificates, census records, immigration lists and other records - all in one family search! Thus, Scott made a successful entry into the Broadway stage, appearing in several successes. 304(b) (1997). Indeed, this kind of renegotiation appears to be exactly what was intended by Congress. They divorced in December 1950. Upon receiving the Termination Notice, Penguin filed a complaint in the United States District Court for the Southern District of New York seeking a declaratory judgment against Thomas Steinbeck and Blake Smyle that the notice is invalid. At 51 years old, Zachary Scott height In one instance, Thomas Steinbeck secretly signed a $650,000 deal with DreamWorks to be an executive producer on a film remake of the Pulitzer Prize-winning novel The Grapes of Wrath. ", Van Neste, Dan. # 749. in the US. We were concerned that if such an agreement was not held to be an ineffective agreement to the contrary, authors could be coerced into recharacterizing works already created as works for hire so as to avoid subsequent application of a section 304 termination right. Steinbeck, who married the iconic American novelist in 1950, edited collections of his work, including a volume of his letters, and spoke around the world on his behalf. 304(c) and (d), the 1938 grant of copyright licenses by the author John Steinbeck, was valid. In late 1944, Elaine gave up her career to relocate to Hollywood with Zachary, who had signed a seven-year contract with Warner Brothers. Zachary Thomson Scott. Cromer, who won a 2018 Tony Award for Best Director of a Musical for The Band's Visit, will play the role of 'Howard Fine.' Directed by Drama Desk and Obie Award winner Lila [] Though he received great acclaim for his performance, Scott was not particularly well promoted by Warners, and his subsequent films declined in prestige. Elaine Steinbeck died in April 2003, bequeathing her copyright interests in the Steinbeck works at issue, as well as proceeds from the 1994 Agreement, to various testamentary heirs including her children and grandchildren from a previous marriage, but she specifically excluded Thomas Steinbeck, John Steinbeck IV, and their heirs. ISBN0-670-66961-X. American leading man of suave or sinister roles. See 17 U.S.C. The 1994 Agreement states that [t]his agreement, when signed by Author and Publisher, will cancel and supercede the previous agreements, as amended, for the Works #1-#19 [including those works governed by the 1938 Agreement] covered hereunder. We see no valid reason to disregard this language and to regard the 1938 Agreement as surviving the 1994 Agreement. 1061, 131 L.Ed.2d 1 (1995); see also Milne v. Stephen Slesinger, Inc., 430 F.3d 1036, 1046 n.9 (9th Cir.2005) (To the extent that the legislative record references section 304(c)(5)'s counterpart provision under section 203(a)(5), we find that history instructive given Congress's use of identical language in both provisions.). The 1994 agreement remains in effect. On February 21, 1934, Anderson married actor Zachary Scott, whom she met while they both studied in the University of Texas at Austin theatre program. The 1940 film starring Henry Fonda on the silver screen won two Oscars. Although Hollyood publicists wrote that she had been named after the novel, she was in fact named after her maternal grandfather. A separate agreement was executed on the same day by Penguin and by Elaine Steinbeck, acting on her own behalf and on behalf of Thomas Steinbeck. On Petition for a Writ of Certiorari (Brian Melley / AP) "We are pleased with the jury's. Upon graduating she went to work at Passavant Hospital in Milwaukee. .mw-parser-output cite.citation{font-style:inherit;word-wrap:break-word}.mw-parser-output .citation q{quotes:"\"""\"""'""'"}.mw-parser-output .citation:target{background-color:rgba(0,127,255,0.133)}.mw-parser-output .id-lock-free a,.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-limited a,.mw-parser-output .id-lock-registration a,.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/d/d6/Lock-gray-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-subscription a,.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/a/aa/Lock-red-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg")right 0.1em center/12px no-repeat}.mw-parser-output .cs1-code{color:inherit;background:inherit;border:none;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;color:#d33}.mw-parser-output .cs1-visible-error{color:#d33}.mw-parser-output .cs1-maint{display:none;color:#3a3;margin-left:0.3em}.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right{padding-right:0.2em}.mw-parser-output .citation .mw-selflink{font-weight:inherit}Steinbeck, John, Ed. She and Steinbeck married in December of 1950, only months after the divorce was final. On this Wikipedia the language links are at the top of the page across from the article title. 1960, Elizabeth Taylor{ "@context": "http://schema.org", "@type": "Person", "name": "Elizabeth Taylor", "gender": "Female" }
Stay up-to-date with how the law affects your life. Appellees draw support for this theory primarily from Nimmer on Copyright 11.07 (6th ed.1978), referring to 17 U.S.C. Her marriage to Scott was nearing its end in 1949 when she met John Steinbeck, whose literary reputation was already well established in such works as Cannery Row, Of Mice and Men and The Grapes of Wrath.. His daughter, Waverly Elaine Scott, was born January 24, 1936. Had Elaine Steinbeck not entered into the 1994 Agreement, the section 304(c) termination right would have expired,5 and Penguin would have been bound only by the 1938 Agreement for the duration of the copyright terms absent (as ultimately happened) Congressional action. Elaine was born March. Elaine Steinbeck, a vivacious former Broadway stage manager who carefully guarded the literary estate of her late husband, John Steinbeck, over the 35 years since the Nobel laureates death, died Sunday at a New York hospital after a long illness. There is also no indication in the statutory text or the legislative history of the Copyright Act that elimination of a termination right through termination of a pre-1978 contractual grant was precluded or undesirable. Steinbeck was a native of Austin, Texas, whose parents had prospered in the oil business. Zachary Scotts income source is mostly from being a successful Actor. 5. 773; see also Marvel, 310 F.3d at 284. A scar strip, Thank you for asking, she says, Dreamville just announced its 2023 festival lineup and now everybody wants a ticket, Ozzy Osbourne rejects notion of retiring after canceling tour: Im not dying, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Justin Biebers Justice world tour canceled after several postponements, How strong is Dominions defamation case against Fox News? "Elaine Steinbeck, 88, Author's Widow, Dies. 749US2021 Maintained an apartment in Manhattan's famous Dakota apartment building. Steinbeck v. McIntosh & Otis, Inc., 433 F.Supp.2d 395, 401 (S.D.N.Y.2006). 6. That statutory provision reads: A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. Elaine Anderson Steinbeck (born Mary Elaine Anderson; August 14, 1914 April 27, 2003) was an American actress and stage manager. It added several other early Steinbeck works, some of his posthumous works, and some of Elaine Steinbeck's own works. | EU Privacy Preferences. That article, however, does not mention that he and Elaine Anderson had any children. So, provided that a post-1978 agreement effectively terminates a pre-1978 grant, Congress did not manifest any intent for the earlier agreement to survive simply for purposes of exercising a termination right in the future. 94-1476, at 139 (1976), reprinted in 1976 U.S.C.A.N. Elaine worked as a nurse in Waverly for Dr. Carstensen and Dr. Brunkhorst, and Dr. Fagre. Although he continued to work in films, including one for director Luis Buuel, Scott never quite reclaimed the level of stardom that he'd achieved in the mid-1940s. 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