![]() ![]() Nonpayment of royalties, however, was not dismissed, as the obligation was ongoing. Further, the court found that the agreement was entered in 2001, though Plaintiff claimed it wasn't finalized until 2006, and thus the breach claims regarding the failure to secure a distributor were time-barred as outside the 6-year statute of limitations. The court found that Viacom was not a party to the original contract, and thus claims against it were dismissed, and that nothing in the contract required Defendants to provide Plaintiff with master recordings. Plaintiff also argued that Viacom's refusal to give Plaintiff master recordings of the concert was also a breach, as was Defendant's failure to pay royalties or account for sales, even if limited in number. After the concert aired, Defendants failed to secure a distributor, and Plaintiff sued, alleging the failure was a breach of contract and a breach of the covenant of good faith and fair dealing. Plaintiff is the company responsible for arranging and booking Aretha Franklin's live performances, who contracted with a television production company for Aretha to perform at Radio City Music Hall for "VH_1 Divas Live: The One and Only Aretha Franklin A Benefit Concert for the VH_1 Save the Music Foundation." According to the agreement, to which Viacom was not a signatory, Plaintiff was to be paid $150,000 plus proceeds from ticket sales and 40% of revenue from sales of CDs and DVDs of the performance.
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