Bupp v. Great Western Broadcasting Corp.

SCHOTTKY, J.

C. Robert Bupp, whose professional name is Bob Stone, commenced an action against the Great Western Broadcasting Corporation to recover damages in the sum of $210,000, alleging that Great Western’s action in televising video-tape recordings in which he appeared had irreparably damaged his professional and artistic reputation and standing. He attempted to state four causes of action. The first was based on the theory of unfair competition, the second on involuntary servitude, the third on breach of contract, and the fourth on defamation. The trial court sustained demurrers on all counts except the breach of contract

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count without leave to amend. Bupp declined to amend, a judgment of dismissal was entered, and this appeal followed.

The factual situation before this court on appeal is as alleged in the complaint. Appellant Bupp was employed as a staff announcer by the Great Western Broadcasting Corporation, the owner of Television Station KXTV (Channel 10) in Sacramento. As part of his duties he made video-tape recordings of commercial advertisements and announcements which were later televised to the public. Pursuant to the terms of the contract between Great Western and the American Federation of Television and Radio Artists a fee was paid to each staff announcer for each use of a commercial announcement made by the staff announcers. Bupp is and was a member of the American Federation of Television and Radio Artists. The contract between the American Federation and Great Western expired on May 15, 1960. Bupp continued to work for Great Western until September 26, 1960, at which time the American Federation called a strike. During the period May 15th to September 26th Bupp received payment for each use of the video-tape recordings in which he appeared. After the strike commenced Great Western continued to use the video-tapes in which Bupp appeared against his consent and without payment of fees. The agreement between the American Federation and Great Western provided in part: “The provisions of this agreement applicable to commercial announcements . . . are applicable only during the term of service of such Staff Announcers. . . . After termination of such Announcer’s employment with the company, the fees for the use of such Video-Tape Recordings shall be subject to individual negotiations, but in no event less than the freelance rates as set forth in this Supplemental Agreement. ’ ’