The jury decided Tuesday in favor of Kaffaga on the remaining issue and awarded her $5.25 million in compensatory damages plus $7.9 million in punitive damages. "Elaine Steinbeck, Author's Widow and Former Stage Manager, Dead at 88", Nemy, Enid. 5659, 5755. Legal experts weigh in, This isnt Rocky: How Michael B. Jordan seized the reins of a legendary franchise, Oscars diversity improved after #OscarsSoWhite, study shows. 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. Waverly Scott Kaffaga, the. In one of them he was noticed by Jack L. Warner, who signed him to a film contract and introduced him to film audiences in the title role of The Mask of Dimitrios (1944). Though both wished to be successful actors, Zachary had more success in that area, so Elaine began working for The Theatre Guild in New York and learned the technical aspects of theatre production. MyHeritage Family Trees; West Virginia Death Index & Certificates, 1853-1964; FamilySearch Family Tree . Waverly Place in Greenwich Village was named for the Scott novel in 1833dropping the second 'e', and was the setting of the teen show The Wizards of Waverly Place, as well as Don Draper's bachelor pad in Mad Men, as well as a character on Friday Night Lights. 773; see also Marvel, 310 F.3d at 284. Learn How rich is He in this year and how He spends money? Zachary Scotts income source is mostly from being a successful Actor. ", Steinbeck laughed off that comment in testimony, saying, "Oh, that was silly.". 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. In one of them he was noticed by Jack L. Warner, who signed him to a film contract and introduced him to film audiences in the title role of The Mask of Dimitrios (1944). paulette.morgan@mcnabb.org C: 865 -585 -8981 Elaine Blanton & We have estimated Learn more about FindLaws newsletters, including our terms of use and privacy policy. Waverly Elaine Scott - Biographical Summaries of Notable People - MyHeritage Waverly Elaine Scott In Biographical Summaries of Notable People Save this record and choose the information you want to add to your family tree Save record Spotted an error? Do Not Sell or Share My Personal Information, Whats on Khlo Kardashians face? She covered public education and filled a variety of editing assignments before joining the dead beat news obituaries where she has produced artful pieces on celebrated local, national and international figures, including Norman Mailer, Julia Child and Rosa Parks. But do note that it is not possible to be certain of a person's genealogy without a family's cooperation (and/or DNA testing). He was doing a hula dance outside a bar when he was arrested. 304(c)(5). Id. 749US2021 Code & Admin.News 1976, pp. He adopted her when he married her mother. Viking: University of California Press. Berger said Kaffaga's claim had no merit and she wasn't entitled to any damages because most movies optioned are never made and that estimated revenue from unproduced projects was speculation. American leading man of suave or sinister roles. Waverly Scott Kaffaga, stepdaughter of author John Steinbeck, leaving federal court in downtown Los Angeles on Tuesday. (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. The Scotts had one child together, Waverly Scott. Father: Dr. Zachary Thomson Scott; Mother: Sallie Lee Masterson. 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. Kaffaga said that Gail Steinbeck threatened movie producers with litigation if they went ahead with projects to adapt John Steinbecks novels East of Eden and The Grapes of Wrath to film. Intending to follow his father into medicine, Scott studied at the University of Texas, but found he preferred the theater. At 51 years old, Zachary Scott height When Steinbeck died in 1968, he bequeathed his interest in these copyrights to his widow, Elaine Steinbeck. Elaine Anderson Steinbeck (born Mary Elaine Anderson; August 14, 1914 - April 27, 2003) was an American actress and stage manager. American leading man of suave or sinister roles. Whether the 1994 Agreement Terminated and Superseded the 1938 Agreement. This is an appeal from an order of the United States District Court for the Southern District of New York (Richard Owen, Judge) granting summary judgment to the appellees Thomas Steinbeck and Blake Smyle based on the court's conclusion that a notice of termination given in 2004 that purported to terminate, pursuant to the Copyright Act, 17 U.S.C. It should be noted that under our view, authors or their statutory heirs holding termination rights are still left with an opportunity to threaten (or to make good on a threat) to exercise termination rights and extract more favorable terms from early grants of an author's copyright. 19-1181 IN THE Su p r e our e C t he o t nit f U e d St at e s _____ ESTATE OF THOMAS STEINBECK, GAIL KNIGHT STEINBECK, and THE PALLADIN GROUP, INC., Petitioners, v. WAVERLY SCOTT KAFFAGA, as Executor of the Estate of Elaine Anderson Steinbeck, Respondent. 17 U.S.C. Her maternal great-grandfather was Judge John Bryant Dupuy of Erath County, Texas. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (emphasis added). See 17 U.S.C. Though he received great acclaim for his performance, Scott was not particularly well promoted by Warners, and his subsequent films declined in prestige. Youre my wife. See Section III, supra. In any event, nothing in section 304(c)(6)(D) prevents renegotiation of a prior grant where a notice of termination has not been served. His sons by a previous marriage, Thomas and John IV, each received a bequest of $50,000 in a trust arrangement. The email address cannot be subscribed. The 1994 agreement remains in effect. A collateral relative of George Washington and William Barclay 'Bat' Masterson, Scott was the son of a wealthy surgeon. In 1951 he was arrested at a bar in Louisiana for violating segregation laws. Here are 10 you cant miss, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre. It is worth noting that section 304(c), by its terms, does not apply to grants of a transfer or license of the renewal copyright made on or after January 1, 1978. She left The Times in 2015. Intending to follow his father into medicine, Scott studied at the University of Texas, but found he preferred the theater. Maintained an apartment in Manhattan's famous Dakota apartment building. 1960, Elizabeth Taylor{ "@context": "http://schema.org", "@type": "Person", "name": "Elizabeth Taylor", "gender": "Female" } We consider on appeal whether an agreement entered into in 1994 between Steinbeck's widow and the publisher terminated and superseded the 1938 agreement, and, if so, whether the termination notice is therefore ineffective. Emery carried him to shore. Known for his various charitable work, especially projects to help the poor and aid American troops. His daughter, Waverly Elaine Scott, was born January 24, 1936. Condolences may be made to Elaine's family at www.emfaheyfuneralhome.com Published by Ithaca Journal from Nov. 3 to Nov. 5, 2019. 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.. He was well received in the part of the mysterious and debonair scoundrel and seemed destined for a top-level career in movies. Once the termination right is extinguished, it is extinguished with respect to all parties holding a termination interest, whether or not they agreed to its exercise. See 17 U.S.C. 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. Around 1940, the Scotts moved to New York City to seek success there. Moreover, the 1994 Agreement did not divest the Steinbeck Descendants of any termination right under section 304(d) when the parties entered into that agreement. Subsequently, he married actress Ruth Ford and began to concentrate more on stage and television work. See 17 U.S.C. Gail Steinbeck's lawyer said she never intentionally interfered in deals she and her husband would have benefited from and that would have served their interest promoting the Nobel Prize winner's legacy. On this Wikipedia the language links are at the top of the page across from the article title. Publishers could, and often did, thwart the purpose of this statutory scheme, however, by requiring authors to assign both their initial and renewal rights to the publisher at the same time and before the long-term value of an author's work could be ascertained. He was in a black establishment drinking alcohol with African-Americans. 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 [] The availability of termination rights under the Copyright Act is not dependent on the intent of the parties but on, among other things, the date that a grant of rights was executed and the relationship to the author of those seeking to exercise the termination right. It is undisputed, however, that no termination right under section 304(c) was ever exercised with respect to the copyrights covered by the 1938 Agreement. The appellees read the phrase only if it is made after the effective date of the termination to require a period of time during which holders of a termination right know they will be free of extant agreements and can negotiate for the terminated rights. Appellees' Br. Senator for Texas (former) NASA Administrator (former) Astronaut (former) Affiliation United States NASA (former) Political party Republican Missions His hobbies included golfing, gourmet cooking, gardening, horse riding, swimming, antique collecting, and classical music. Zachary Scott and his co-star, Ann Sheridan, in The Unfaithful (1947) were both born in Texas and died two years apart at the age of 51 (of a brain tumor and cancer, respectively). The House Report for the 1976 amendments noted, for example, that nothing in [the Copyright Act] is intended to change the existing state of the law of contracts concerning the circumstances in which an author may cancel or terminate a license, transfer, or assignment. H.R.Rep. His grandson, David Melville Skinner, was born on January 6, 1957. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Jim Beaver , Other Works [citation needed] Scott supported Ann Sheridan in The Unfaithful (1947) and Ronald Reagan and Alexis Smith in Stallion Road (1947 He was the most fascinating man Ive ever known, she said some years ago. at 402 (footnote omitted). In 1951 he was arrested at a bar in Louisiana for violating segregation laws. His daughter, Waverly Elaine Scott, was born January 24, 1936. When the length of the copyright term was extended in 1998, Congress provided an additional window of time corresponding to this extension, during which the same termination right could be, had it not already been, exercised. Similarly, if a termination right expires without being exercised, the original grant is no longer subject to termination, and the Copyright Act specifically provides that in such a case a grant would continue[] in effect for the remainder of the extended renewal term. 17 U.S.C. Though he received great acclaim for his performance, Scott was not particularly well promoted by Warners, and his subsequent films declined in prestige. 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. But nothing in the statute suggests that an author or an author's statutory heirs are entitled to more than one opportunity, between them, to use termination rights to enhance their bargaining power or to exercise them. No. 105-298, 112 Stat. 99. at 80; see also Nimmer on Copyright 11.07. On Petition for a Writ of Certiorari The normal rule of statutory construction [is] that identical words used in different parts of the same Act are intended to have the same meaning. Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 562, 115 S.Ct. 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. This agreement, which itself is not at issue on this appeal and which governed works of John Steinbeck that are not at issue on this appeal, obligated Penguin to pay higher royalties for these works to Elaine Steinbeck and the Steinbeck Descendants. His wife is Ruth Ford (6 July1952 - 3 October1965)( his death)( 1 child), Elaine Anderson (21 February1935 - 21 December1950)( divorced)( 1 child). We conclude that it did, leaving in effect no pre-1978 grants to which the termination rights provided by section 304(d) could be applied. Indeed, a subsequent role as the cad in Mildred Pierce (1945) seemed likely to cement him as both a star and as a typecast portrayer of amoral characters. All relationship and family history information shown on FameChain has been compiled from data in the public domain. She donated boxes full of his papers, photographs and other memorabilia to the Center for Steinbeck Studies at San Jose State University and to Stanford University. 17: At his first wedding, his father was his best man and his two sisters were bridesmaids. His mother, Sally Lee Scott, died November 1983 at 95. He filed papers to adopt his daughter, Shelley, on Feb. 9, 1953. (2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows: (B)The author's surviving children, and the surviving children of any dead child of the author, own the author's entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author's interest is divided among them.[3]. Steinbeck v. McIntosh & Otis, Inc., 433 F.Supp.2d 395, 401 (S.D.N.Y.2006). She died in 2003. The dispute over Steinbecks estate has been going on for several years, pitting Elaine Anderson Steinbeck and her daughter against Thomas Steinbeck, the novelists son and his wife, Gail. 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). 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. Pjsen var en finalist fr Pulitzerpriset fr drama 2001. Producer Scott Rudin is pleased to announce that actor and award-winning director David Cromer completes the cast for the Broadway premiere of Academy Award winner Kenneth Lonergan's The Waverly Gallery. In the early 1990's, the theatre moved to professional status with Actor's Equity Association and was selected for a National Endowment for the Arts Advancement Grant. When John Steinbeck entered into the 1938 Agreement with Viking Press, the Copyright Act of 1909 was in effect. But the resolution of these speculations is immaterial to the resolution of this appeal. 304(d). From online or printed sources and from publicly accessible databases. On May 10, 1947, Elaine was united in marriage to George D. Senst in Sheboygan Falls. 1750, 109 L.Ed.2d 184 (1990). The district court consolidated the two actions for the purposes of the summary judgment motions. III. The court also concluded that to the extent that the 1994 Agreement would strip [the Steinbeck Descendants] of their inalienable termination rights in the pre-1978 grants, it is void as an agreement to the contrary pursuant to 17 U.S.C. Appellees draw support for this theory primarily from Nimmer on Copyright 11.07 (6th ed.1978), referring to 17 U.S.C. As of 1994, then, the agreement entered into by Elaine Steinbeck did not deprive the Steinbeck Descendants of any rights they could have realized at that time. See id. Discover today's celebrity birthdays and explore famous people who share your birthday. There may have been eight people in the room when we all met, and he didnt talk to anybody but me and I didnt talk to anybody but him., For their first date, the novelist gave her a tour of Montereys Cannery Row, the sardine packing district that he described in his famous 1945 novel as a poem, a stink, a grating noise, a quality of light, a tone, a habit, a nostalgia, a dream.. 4. Anderson was born in Austin, Texas, to Libbie Adeline (ne Roberts) and Waverly F. Anderson. On October 24, 1994, Elaine Steinbeck and Penguin entered into a new agreement for continued publication (the 1994 Agreement). 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. Thomas Steinbeck ratified this agreement on December 22, 1994, on behalf of the other Steinbeck Descendants. Yet such an agreement could not be held ineffective as an agreement to the contrary inasmuch as section 304 itself contemplates elimination of termination rights in that manner. Berger suggested Kaffaga was using Thomas' inheritance to sue his widow. Records may include photos, original documents, family history, relatives, specific dates, locations and full names. View FREE Public Profile & Reputation for Shelley Scott in Waverly, TN - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. "From the pages of his life, her legacy of love and work", This page was last edited on 19 December 2022, at 03:07. at 402 n. 23. Jean Renoir, however, cast the Texan in a touching and sensitive role in his classic The Southerner (1945). For example, sections 304(c) and (d) require only the consent of a simple majority in interest for the exercise of a termination right. In a related action, initiated by the Steinbeck Descendants, the estate and heirs of Elaine Steinbeck filed counterclaims seeking an equivalent declaration. 304(c) provided a termination right-section 304(d) would not become effective for another four years. On September 12, 1938, the author John Steinbeck executed an agreement with The Viking Press (the 1938 Agreement) that established the terms for the latter's publication of some of Steinbeck's best-known works, including The Long Valley, Cup of Gold, The Pastures of Heaven, To A God Unknown, Tortilla Flat, In Dubious Battle, and Of Mice and Men, in all of which Steinbeck held the copyright. His daughter, Shelley, was born in 1941. He read everything. Intending to follow his father into medicine, Scott studied at the University of Texas, but found he preferred the theater. The Complete Novels of Sir Walter Scott: Waverly, Rob Roy, Ivanhoe, The Pirate, Old Mortality, The Guy Mannering, The Antiquary, The Heart of Midlothian and many more (Illustrated) by Walter Scott | Jun 15, 2015. Date of birth May 1943 Family Larry Wilson (husband) Scott Wilson (son) William Waverly (father) Nationality United States Professional Information Occupation 41st President of the United States U.S. ", Van Neste, Dan. Id. 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)(6)(D). He was arrested in the summer of 1961 in Hawaii for public intoxication. When Elaine Steinbeck died in 2003, her daughter, Waverly Scott Kaffaga, inherited the estate. The adoption was finalized later that year. We are thankful to the members of the jury for their time and service.". Interred at Austin Memorial Park, Austin, Texas, USA, Block 4, Lot 187A, Space 12. 1960, Zsa Zsa Gabor{ By taking advantage of this opportunity, she exhausted the single opportunity provided by statute to Steinbeck's statutory heirs to revisit the terms of her late husband's original grants of licenses to his copyrights. He suffered from depression for years after a rafting accident. This marks the first film to which Lawrence has committed after announcing a break from acting a year ago. with Zachary Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Zachary Scott", "gender": "Male" }, Thomas Steinbeck{ "@context": "http://schema.org", "@type": "Person", "name": "Thomas Steinbeck", "gender": "Male" }, born 1944, died 2016, age 72 She was buried near Steinbeck in the Garden of Memories Memorial Park in Salinas, California. Under New York law,4 parties to an agreement can mutually agree to terminate it by expressly assenting to its rescission while simultaneously entering into a new agreement dealing with the same subject matter. Jones v. Trice, 202 A.D.2d 394, 395, 608 N.Y.S.2d 688, 688 (2d Dep't 1994). 304(c)(6)(F). In the current case, Kaffagas lawyer, Susan Kohlmann, questioned Gail Steinbeck about emails she had written saying that a proposed film adaptation of East of Eden would result in litigation city.. They had no children together and remained married until his death in December 1968. He dropped out of college and signed on as a cabin boy on a freighter bound for England. Woo, Elaine. Sothern brought along her friend Elaine, a tall, sandy-haired woman whose ebullience the writer would later describe as so strong it glows in the dark., It was the strangest thing, Elaine Steinbeck recalled in an interview with the Associated Press several years ago. Indeed, a subsequent role as the cad in Mildred Pierce (1945) seemed likely to cement him as both a star and as a typecast portrayer of amoral characters. 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.). 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 laureate's death, died. Man and his two sisters were bridesmaids ne Roberts ) and Waverly F. anderson, 608 N.Y.S.2d 688 688... Steinbeck died in 2003, her daughter, Waverly Elaine Scott, was January..., original documents, Family history, relatives, specific dates, locations and full names primarily from on! V. 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