Video Rights Ruling a Thorn for Hollywood

Entertainment lawyers and video executives say they are still wrestling with this week’s federal court ruling that a studio’s ownership of TV rights to a film doesn’t give it the right to put the movie on a videocassette.

But one thing seems clear: The decision adds new briers to one of Hollywood’s thorniest legal thickets.

While about 20,000 movies are available on videocassettes, dozens of films--including such all-time favorites as “Bringing Up Baby” and “Annie Get Your Gun”--are already blocked from video release as a result of rights disputes or the simple refusal of a songwriter or another principal to sign a video contract.

Earlier this week, the U.S. 9th Circuit Court of Appeals stated that a publisher’s agreement with a movie’s distributor to license a song or score for “television transmission” doesn’t include the rights to the home-video version of that movie.

The case involved Paramount Pictures Corp. and Herbert Cohen, who held the rights to the song “Merry-Go-Round” by Larry (Wildman) Fischer. The song was used by Paramount in the 1969 film “Medium Cool,” which depicts a journalist covering the 1968 Chicago Democratic National Convention.

Some contracts and license agreements for films made in the 1950s, 1960s and early 1970s explicitly included TV rights, but made no mention of video, which hadn’t been invented yet. In the case tried this week, Paramount had maintained that TV rights should be interpreted to include video rights. Many contracts of the period, however, were written broadly enough that companies do appear to have video rights to the films, according to Cohen’s attorney.

Several attorneys for music and home video companies said they hadn’t read the court’s decision yet and therefore were unclear about how wide-ranging its effects might be.

But some entertainment industry insiders speculated that many screenwriters, actors and songwriters owning rights in films made several decades ago might be able to split millions of dollars if their films are released on videocassette.

“I haven’t read the decision, but it sounds like good news for songwriters, who have traditionally gotten a raw deal (on the rights’ issue),” said Kevin Odegard, executive director of the National Academy of Songwriters. “I don’t know how long it will stand up, but it might just open up a few doors.”

Even prior to this week’s decision, entertainment lawyers have often had to wade through contractual quagmires--and do some sharp detective work--before getting clearance for some important videocassette releases.

Before the 1965 Richard Rodgers & Oscar Hammerstein musical “Cinderella” was released on home video, for instance, Louis Landerson, counsel and business manager for the songwriters’ estates, had to secure some distribution rights owned by CBS Inc. He then researched the original contracts with talent, production personnel and writers, and he began the arduous task of tracking down lesser-known performers and dancers in the film. “Oh, did I have difficulty finding some people!” he said.

Indeed, Landerson’s efforts to bring the 1956 Rodgers & Hammerstein musical to video didn’t yield the same happy ending. The movie was available on videocassette about two years ago, and then certain rights owned by 20th Century Fox expired. So far, according to Landerson, the principals involved haven’t reached any agreement to release the film on video.