Breach of Contract in California

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When another party breaches a contract, you have the right to sue for enforcement of your protected rights. A breach of contract can lead to financial harm for you or your company as well as a lost opportunities. 

To protect the rights granted by the contract and enforce those rights, experienced California entertainment contract lawyers at Lowe & Associates will fight on your behalf.

Entertainment Contracts

Those who work in the entertainment industry are typically creative, passionate, and talented. What they typically do not want to do is deal with reading the fine print in contracts or worry about another party taking advantage of them.

Entertainment contracts cover a variety of situations, including:

  • talent agreements;
  • royalty agreements;
  • option agreements; and
  • distribution contracts.

Actors, Directors, and Producers

The creative professionals behind some of the country's best entertainment content deserve protection from companies that seek to take advantage of their talents. A contract between one of these individuals and a company can set forth:

  • the precise rights licensed or transferred;
  • compensation;
  • duration;
  • termination; and
  • royalties.

These details are important and can be carefully addressed by an experienced California contract attorney.

Entertainment Companies

Companies in the entertainment business invest heavily in the creative works they produce, and those investments deserve protection. A contract with an:

  • artist;
  • writer(s);
  • producer;
  • director; or
  • distributor

should be enforced. For example, a director should not be allowed to flake out on your company for no reason, and disputes with other creative persons should be handled efficiently and effectively.

Breach of Entertainment Contracts in California

In a contract, each party agrees to certain terms that each is expected to perform. A breach of contract is considered a failure, without legal excuse, to perform all or any part of that agreement.

Establishing a breach of contract requires the plaintiff to prove:

  • the existence of a valid contract,
  • that the contract was broken,
  • that you were damaged, and
  • that the defendant was responsible for those damages.

Ensuring Your Contracts Are Valid

Of course, it is always best to create a valid and enforceable contract to begin with. Entertainment disputes can get heated, but an ironclad contract is the best way to ensure your rights and interests are protected.

When creating contracts with other parties, an experienced attorney can work with you to figure out the details of what you want and how to memorialize it in writing. Your attorney can then draft a valid contract on your behalf or review a contract that has been given to you for comment and eventual signature.

You should not sign a contract without having an attorney review and analyze its terms line to line. Legal language often has a precise and specialized meaning beyond the ordinary usage of the words.  Companies may attempt to use vague language to obtain a tactical advantage.

Breach of Contract Lawsuits

When another party has failed to fulfill the terms in the contract, there are remedies available to the non-breaching party.

Letter from an Attorney

Sometimes, a demand letter from your attorney to comply with the contract or cease and desist from the activity that breaches the contract can save you the cost and expense of litigation. An attorney letter stating a lawsuit will be filed may convince the other party to perform their obligations under the contract.

Mediation

Mediation is a process through which a neutral third party helps to foster settlement and negotiation between the parties. The parties and attorneys meet with the mediator in an attempt to avoid litigation and to settle the dispute amicably.

Filing a Lawsuit

Sometimes, a letter or other negotiations are not enough. When that is the case, you need highly experienced legal counsel at your side to file a breach of contract lawsuit. You can file a lawsuit to enforce the rights and obligations described in the entertainment contract.

Damages for Breach of Contract in California

If you win your breach of contract case, there are several different remedies to compensate you for the damages suffered from the breach of contract. 

These include, but are not limited to:

  • specific performance of the contract terms ( in certain situations);
  • money damages to put in the position you would have been in had the other party not breached.;
  • an injunction, a court order that requires a party to do or not do something ( in certain situations); and
  • restitution.

With the help of your attorney, you can prove your damages in court and receive compensation for the losses you incurred as a result of the other party's breach of contract.

Consult an Experienced California Breach of Contract Attorney

Another party is not allowed to breach a contract and get away with it without consequence. An entertainment contract can be enforced with the help of a knowledgeable attorney.

An experienced California breach of contract attorney at Lowe & Associates can create and enforce your contracts. Contact us today for a consultation.

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