Overview
HOLDINGS: [1]-A technology reporter who created video segments for use on television news programs and station websites could not succeed on a common law claim for misappropriation of his name and likeness because he could not show lack of consent to the manner in which licensee stations used his material; through its contract with the reporter, the television station he worked for owned the material, and both the contracting station and its licensees had the right to display, distribute, and promote the material; [2]-Those rights did not terminate with the reporter's employment; [3]-For purposes of a claim under Civ. Code, § 3344, the licensee had no knowledge of the allegedly unauthorized use, even if it were without consent.
Peremptory writ issued.
Procedural Posture
Plaintiff corporation sought review of the judgment by the Superior Court of Los Angeles County (California), which granted defendant a judgment of nonsuit in an action to recover money damages from defendant on an offer to purchase capital stock of a corporation.
Overview
The record established the case was tried on complaint, to which there were a number of exhibits attached as a part thereof and the answer purporting to deny all of the averments of the complaint, and setting up an affirmative defense by alleging that defendant was at all times was ready, able, and willing to perform the contract or agreement sued upon, but that plaintiff and its alleged assignors were not. The trial court granted a nonsuit after defendant proceeded with the defense and presented testimony. The court reversed, holding that a nonsuit should have been granted only when, disregarding conflicting evidence and giving plaintiff's evidence all the value it was legally entitled, indulging in every legitimate inference which may have been drawn, the result was there was no evidence of sufficient substantiality to have supported a verdict in favor of plaintiff. The court held there was conflicting evidence, as plaintiff contended defendant never notified it of his readiness to complete the sale of stock, which was sufficient to have precluded a nonsuit. Further, the court held that plaintiff's request to amend its pleadings should have been granted.
Outcome
The court reversed the judgment of nonsuit granted to defendant in plaintiff's action to recover damages from defendant on an offer to purchase capital stock of a corporation.