Cooper v. Harvey

108 F.Supp.3d 463

Joseph COOPER, Plaintiff,

v.Broderick Steven "Steve" HARVEY, Defendant.

Civil Action No. 3:14–CV–4152–B.

United States District Court, N.D. Texas, Dallas Division.

Signed May 18, 2015.

J. Michael Weston, Bennett Weston Lajone & Turner PC, Dallas, TX, for Plaintiff.

Wendle Van Smith, Anderson & Smith a Professional Corporation, Houston, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, District Judge.

Before the Court is Defendant Broderick Steven "Steve" Harvey's Motion to Dismiss, or in the Alternative, Motion for a More Definite Statement (doc. 9), filed on January 26, 2015. For the reasons set forth below, Defendant's Motion is GRANTED in part and DENIED in part.

I.BACKGROUND ¹

A. Factual Background

This case arises out of a dispute regarding video recordings of stand-up comedy performances. Plaintiff Joseph Cooper is an individual who does business as Close Up Video Productions in Dallas, Texas. Doc. 1, Compl. ¶¶ 3, 6. Defendant Broderick Steven "Steve" Harvey is a comedian who, most relevant to this lawsuit, opened the Steve Harvey Comedy Club in 1993, where he performed stand–up comedy acts. Id. at ¶ 12. On March 30, 1993, Plaintiff, doing business as Close Up Video Productions, and Defendant, doing business as Steve Harvey Comedy Club, allegedly entered into a written contract (the "Video Contract"), pursuant to which Plaintiff agreed to

[p]roduce video tape(s) of promotional material from the facility including exterior shots, audience, stage performances and graphics with official logos. Tape will also include names, dates and music soundtracks. Tapes will be taped for continuous play before, during and after show performances. Video footage from KKDA Apollo Night, buffet and lobby area mingling with Mr. Harvey [Defendant] & guest [sic]. Business networking footage included.

Id. at ¶ 13. The Video Contract further provided:

1. It is understood this studio [Plaintiff] is the exclusive official videographer, and others taking videos will be permitted only at our discretion.

3. The studio [Plaintiff] reserves the right to use the original tape and/or reproductions for display, publication or other purposes. Original videotapes remain the exclusive property of the studio.

Id. at ¶ 14.

In addition, Plaintiff alleges he provided advertising and marketing services—for which he incurred debts yet to be paid—on behalf of Defendant. Id. at ¶ 15. Plaintiff insists he fully complied with his obligations under the Video Contract, and that all conditions precedent to his recovery under this agreement were satisfied. Id. at ¶ 17. According to Plaintiff, he produced approximately 120 hours of video recordings under this contract. Id. at ¶ 18. He maintains that Defendant was aware of his intention to use the recordings of Defendant's performances to create videos to be sold at retail. Id. at ¶ 19. Plaintiff notes that Defendant did not object to these plans, but only requested that Plaintiff delay selling videos that included Defendant's stand-up comedy performances. Id. Plaintiff understood that the release of the videos might interfere with Defendant's plans for his career at that time. Id. at ¶ 20. He thus decided to delay releasing videos of Defendant, estimating that such recorded material would become more valuable as Defendant gained popularity. Id.

Plaintiff describes the television shows in which Defendant starred between 1994 and 2000, observing that the videos of his stand-up comedy performances recorded in the early years of the Steve Harvey Comedy Club reflect a comedy style that contrasts with Defendant's present image.Id. at ¶ 24. Plaintiff adds that he "has removed and plans to remove additional materials that could only serve to create scandal for [Defendant] rather than showing [Defendant's] earlier comedic style." Id.

In 1998, Plaintiff informed Defendant of his intention to distribute the videos he had produced pursuant to the Video Contract. Id. at ¶ 25. Plaintiff alleges that subsequently, in October 1998, he and Defendant orally agreed that Defendant would purchase the videos in question for the sum of $5,000,000, but that Defendant breached this agreement. Id. at ¶ 26. Plaintiff explains that Defendant filed a lawsuit against him in Dallas County State Court on December 16, 1998, to which Plaintiff submitted counterclaims. Id. Although Plaintiff does not detail the context and circumstances of this lawsuit, he indicates that he obtained a temporary restraining order against Defendant on June 28, 1999, which was extended by agreement on July 16, 1999 and again on August 12, 1999. Id. at ¶ 27. Specifically, the August 12, 1999 agreed temporary restraining order restrained Defendant, his agents, employees, attorneys or assigns from

[c]ontacting any of Movant Joe Cooper's [Plaintiff's] business associates or anyone with whom Movant [Plaintiff] has entered into negotiations with regarding the sale, production, distribution, advertising, or licensing of certain video tape which is the subject matter of the above referenced suit for the purpose of threatening them with legal action, any other negative action in the event they do business with Movant [Plaintiff] or for the purpose of intimidating them into refraining from doing business with Movant [Plaintiff] regarding certain video tape of Mr. Steve Harvey, Respondent [Defendant], which is the subject matter of the above referenced suit, and from disparaging Movant [Plaintiff] or any of his employees, agents, assigns, companies or attorneys to any third parties.

Id. Plaintiff contends that Defendant violated this agreed temporary restraining order, but that Plaintiff elected not to inform the court of such violations. Id. at ¶ 28.

Plaintiff explains that he sought to obtain financial benefits from his rights under the Video Contract. Id. at ¶ 31. He avers that Defendant has accused him of threatening to distribute the videos in question, but that Plaintiff has in fact attempted to cooperate with Defendant, offering him the opportunity to purchase the videos. Id. Alternatively, if Defendant refused to purchase the videos, Plaintiff planned to distribute and sell them without Defendant's involvement. Id.

Despite Plaintiff's purported attempt at cooperation, Defendant allegedly "embarked upon a concerted effort to prevent [Plaintiff] from using the videos produced under the Video Contract." Id. at ¶ 32. Plaintiff recounts that he is uncertain why Defendant wished to prevent him from using the videos captured at the Steve Harvey Comedy Club, though he proceeds to speculate on possible reasons for Defendant's behavior. Id. Undeterred by Defendant's alleged efforts to prevent the release of the videos, Plaintiff sought to market, distribute, and sell the first volume of a five volume set entitled "Steve Harvey ‘Live, Raw & Uncensored’ " in 2013. Id. at ¶ 33. Plaintiff contends that he was prepared to execute a licensing and distribution agreement (the "Licensing and Distribution Agreement") with Music Video Distributors, Inc., which would grant Music Video Distributors, Inc. the rights to the videos and would award Plaintiff 75% of the videos' sales price less manufacturing and marketing costs.Id. at ¶ 35. The proposed Licensing and Distribution Agreement allegedly provided that Plaintiff "is the owner of all right [sic], title and interest, free and clear of all judgments, claims and encumbrances" of "Steve Harvey ‘Live, Raw & Uncensored.’ " Id. at ¶ 36. Plaintiff notes that he disclosed his previous litigation with Defendant to Music Video Distributors, Inc. Id.

In May 2014, following Plaintiff's negotiations regarding the Licensing and Distribution Agreement, Defendant's attorney allegedly advised the attorney of Music Video Distributors, Inc. that Defendant had not agreed to give Plaintiff the rights to the videos he claimed to have, and that Defendant would "come after" Music Video Distributors, Inc. if it were to pursue the Licensing and Distribution Agreement. Id. at ¶ 37. Plaintiff insists that this statement is false and that Defendant and his attorney knew this statement to be false. Id. According to Plaintiff, Music Video Distributors, Inc. refused to enter into the Licensing and Distribution Agreement as a result of the statement made by Defendant's attorney. Id. at ¶ 38. Plaintiff subsequently attempted to interest other distribution companies in the videos, but has not entered into an agreement as of the filing of the present lawsuit. Id. at ¶ 39.

Plaintiff asserts that he owns the video rights that he attempted to assign to distribution companies, and he complains that Defendant falsely claimed to retain some of these rights. Id. at ¶ 41. Plaintiff explains that, by doing so, Defendant has violated the Video Contract and has infringed on his copyright to the videos. Id. at ¶ 47.

Based on these alleged facts, Plaintiff brings the following claims against Defendant: (1) breach of contract; (2) tortious interference with business relations; and (3) copyright infringement. Id. at ¶¶ 49–57. He further requests that Defendant be enjoined from directly or indirectly infringing on his copyright to the videos created under the terms of the Video Contract. Id. at ¶ 60. Lastly, Plaintiff seeks a declaratory judgment establishing his and Defendant's respective rights to the videos under the Video Contract. Id. at ¶ 62.

B. Procedural Background

Plaintiff brought this lawsuit against Defendant on November 21, 2014. See Compl. On January 26, 2015, Defendant filed the present Motion to Dismiss, or in the Alternative, Motion for a More Definite Statement (doc. 9), requesting that Plaintiff's claims for (1) breach of contract; (2) tortious interference with business relations; and (3) copyright infringement be dismissed, or, in the alternative, that they be supplemented by more detailed factual allegations. Plaintiff submitted his Response (doc. 11) on February 9, 2015, to which Defendant has not replied. As such, the Motion is now ripe for the Court...