If the termination right is not exercised during this window, the original grant remains in effect. 34465541-95D0-45B0-BEEB-B9E0361A315A Elaine Anderson Steinbeck (born Mary Elaine Anderson; August 14, 1914 April 27, 2003) was an American actress and stage manager. See Northville Indus. Although Hollyood publicists wrote that she had been named after the novel, she was in fact named after her maternal grandfather. Publicity Listings About Elaine Steinbeck https://en.wikipedia.org/wiki/Elaine_Anderson_Steinbeck Elaine Steinbeck (August 14, 1914 - April 27, 2003) was an American actress and one of the first women to become a theatre stage manager. See 17 U.S.C. 304(d). ", Steinbeck laughed off that comment in testimony, saying, "Oh, that was silly.". 1960, Elizabeth Taylor{ "@context": "http://schema.org", "@type": "Person", "name": "Elizabeth Taylor", "gender": "Female" } 2. Elaine Steinbeck died in April 2003, bequeathing her copyright interests in the Steinbeck works at issue, as well as proceeds from the 1994 Agreement, to various testamentary heirs including her children and grandchildren from a previous marriage, but she specifically excluded Thomas Steinbeck, John Steinbeck IV, and their heirs. 304(c)(2)(A). 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. The 1994 agreement remains in effect. Id. This power is based on Congressional recognition that young authors frequently enter into long-term contracts with publishers when their bargaining power is weak and their prospects for success uncertain, and discover increased leverage only when they later achieve commercial success. Donald asks the courts to let him tweet. A resident of Manhattan and Sag Harbor, N.Y., where the Bay Street Theater stage is named in her honor, Steinbeck also played an important role in the conception of Travels with Charley, her husbands 1962 chronicle of a road trip across America with their French poodle. Death: October 03, 1965 (51) Immediate Family: Son of Zachary Thomson Scott and Sallie Lee Scott. He knew so many people. He dropped out of college and signed on as a cabin boy on a freighter bound for England. His daughter, Waverly Elaine Scott, was born January 24, 1936. The lawsuit followed a decades-long dispute between Thomas Steinbeck and Kaffaga's mother over control of the author's works. The language of the 1994 Agreement makes clear that the parties intended that the 1938 Agreement be terminated. Waverly Scott KAFFAGA, as Executrix of the Estate of Elaine Anderson Steinbeck, Plaintiff-Appellee, v. The ESTATE OF Thomas STEINBECK, Gail Knight Steinbeck, and The Palladin Group, Inc., Defendants-Appellants. Anderson studied drama at the University of Texas, Austin. He died penniless, except for a $100,000 insurance policy he left his widow. Years later, after suffering a mild stroke, her husband was depressed and decided he wanted to tour the country by himself. 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. Zachary Scott's two daughters split their late father's share. / It addressed the publication by Penguin of all works that were covered by the 1938 Agreement. American leading man of suave or sinister roles. If the holders of a majority of an author's termination interest were to agree that they would not exercise their termination rights, this would have the effect of eliminating a termination right as to the minority termination interests. He nearly drowned while on a rubber raft excursion in the Topanga Canyon area with actor. Elaine Blanton & Robin Leasure elaine.blanton@mcnabb.org robin.leasure@mcnabb.org : 865 -444 -2333 x1522 x1137 C: 865- 352 -4909 C: 865 -352 -4916 Bradley, McMinn, Monroe, Polk Paulette Morgan - CJL Helen Ross McNabb 3712 Middlebrook Pike Knoxville, TN 37921 . Copyright 2023, Thomson Reuters. A contract that remains in force may still be terminated and renegotiated in exchange for, among other things, one party's forbearance of her legal right, such as a statutory right to terminate a previous grant of a copyright transfer or license. It also changed the economic terms of the 1938 Agreement, mostly to Elaine Steinbeck's benefit, by requiring Penguin to provide a far larger annual guaranteed advance, and royalties of between ten and fifteen percent of retail (rather than wholesale) sales. He read everything. The Copyright Act gives to authors and certain enumerated family members the power to terminate prior grants of transfers or licenses of copyright. He was a direct descendant of George Washington's only surviving sister, Betty. Anderson is said to have made uncredited appearances in two 1944 B-movies: A Night of Adventure, and Seven Days Ashore ("girl in band"). 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.. at 290. Click here to Start FameChaining. The agreement was binding upon [John Steinbeck's] heirs, executors, administrators or assigns.. "From the pages of his life, her legacy of love and work", This page was last edited on 19 December 2022, at 03:07. Waverly Scott born 1936, age 82 (approx.) She left everything to be divided by her 3 children. 1914 Elaine Anderson was born on August 14, 1914 in Austin, Texas, USA as Mary Elaine Anderson. In a related action, initiated by the Steinbeck Descendants, the estate and heirs of Elaine Steinbeck filed counterclaims seeking an equivalent declaration. Other Shelley Scott's; Court Records Found! He was the son-in-law of Waverly Andrew Anderson, a Texas oil man, during his marriage to his first wife. denied, 548 U.S. 904, 126 S.Ct. Here are 10 you cant miss, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre. American leading man of suave or sinister roles. We note that the passages quoted above concern the termination provision that applies to post-1978 grants, rather than the termination provisions here at issue. On October 24, 1994, Elaine Steinbeck and Penguin entered into a new agreement for continued publication (the 1994 Agreement). Classic Media, Inc. v. Mewborn, 532 F.3d 978, 989 (9th Cir.2008) (termination right preserved, notwithstanding a March 1978-i.e. Whether the 1994 Agreement Terminated and Superseded the 1938 Agreement. Waverly Scott Kaffaga, stepdaughter of author John Steinbeck, leaving federal court in downtown Los Angeles on Tuesday. His sons by a previous marriage, Thomas and John IV, each received a bequest of $50,000 in a trust arrangement. 304(c)(5). The parties do not dispute that New York state law governs both the 1938 and 1994 Agreements. If she had been a boy, Scott had planned on naming him Zachary Thomson Scott III. Elaine Woo is a Los Angeles native who has written for her hometown paper since 1983. He was the most fascinating man Ive ever known, she said some years ago. Elaine Anderson Steinbeck (born Scott) was born on month day 1914, at birth place, to Waverly Fletcher Anderson and Libbie Adeline Anderson (born Roberts). Viking: University of California Press. 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. A judge had already ruled the couple breached a contract with Kaffaga. Explore how the celebrity world connects. Then he worked without a break from 8:30 a.m. to 4 p.m. each day at a desk that faced a wall to block out distractions. . The district court correctly observed that the 1938 Agreement, by its terms, was to continue for as long as the publishers keep the works in print and for sale, Steinbeck, 433 F.Supp.2d at 402 n. 22, but this has little relevance to our analysis. Elaine was born March. Congress permitted a publisher the opportunity to reap the initial rewards of an early investment in young talent, but it allowed authors to revisit the terms of earlier grants of rights once the long-term success of their works became apparent. Indeed, this kind of renegotiation appears to be exactly what was intended by Congress. 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 17: At his first wedding, his father was his best man and his two sisters were bridesmaids. There he found work in provincial repertory, gaining confidence and skill. Under that version of the Act, authors were entitled to a copyright in their works for an initial twenty-eight year period beginning on the date of a work's publication. Producers and directors later dropped the remakes because they feared litigation by the Steinbecks, Kaffaga's attorney Susan Kohlmann said in her opening statement. When John Steinbeck entered into the 1938 Agreement with Viking Press, the Copyright Act of 1909 was in effect. The proposed adaptations had drawn interest from Hollywood powerhouses like Steven Spielberg and Jennifer Lawrence, Kaffaga said. See FameChain's massive Trump family tree. "Elaine Steinbeck, Author's Widow and Former Stage Manager, Dead at 88", Nemy, Enid. No. Steinbeck was opposed to the idea, relenting only after he agreed to take their dog, Charley, with him. Scott Rudin and Eli Bush are producing, with Lawrence and Justine Polsky. Shelley Scott - Biographical Summaries of Notable People - MyHeritage Shelley 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? The adoption was finalized later that year. 304(c) and (d), the 1938 grant of copyright licenses by the author John Steinbeck, was valid. Should you have information that conflicts with anything shown please make us aware by email. III. We are pleased with the jurys verdict that recognizes the estates full control of the rights to John Steinbecks works, Kaffaga said in a statement. 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. The oldest continuously operating theatre in Texas, also one of ten original resident theatre companies in America, was renamed the Zachary Scott Theatre in 1968 in honor of the Austin-born actor. She obtained a divorce from Scott in December 1950 and married Steinbeck a week later. with Elaine Steinbeck Children Together Her Other Children Thomas Steinbeck John Steinbeck Son of Acclaimed Author John Steinbeck Zachary Scott Bio Details Full name Zachary Scott Gender Male Age 51 Date of birth Saturday 21 Feb 1914 Birth place Texas, USA Date of death: 3 Oct 1965 Place of death Texas, USA Ex-husband of Elaine Steinbeck. The Waverly Gallery r en pjs av Kenneth Lonergan . 17 U.S.C. 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. No. In 1965, he was stricken with a brain tumor. 5659, 5755. She was buried near Steinbeck in the Garden of Memories Memorial Park in Salinas, California. 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. Steinbeck v. McIntosh & Otis, Inc., 433 F.Supp.2d 395, 401 (S.D.N.Y.2006). Such a succeeding grant of rights would presumably take place with the parties' knowledge that the holder of a termination right could exercise that right if they failed to reach a new agreement. But glaring gaps remain, Hoda Kotbs enigmatic Today absence finally explained on air: Hodas OK, Dictators and criminals fear this USC instructor whos making the case for an Oscar. American leading man of suave or sinister roles. Waverly Scott Kaffaga, individually as Executor of the Estate of Elaine Anderson Steinbeck, David Scott Farber, Anderson Farber Runkle, Jebel Kaffaga, Bahar Kaffaga and Jean Anderson Boone, Defendants-Counterclaim-Plaintiffs-Appellants, v. 10 | FindLaw FindLaw / Caselaw / United States / US 2nd Cir. Mother, with Zachary Scott, of daughter Waverly Elaine Scott, born on January 24, 1936. He is a member of famous Actor with the age 51 years old group. In 1950, a divorce and a rafting accident, in which he was badly injured, sent him into a depression. This termination right provides authors or their statutory heirs with an opportunity to recapture some of the additional value produced by the lengthened copyright term. Zachary Scott's two daughters split their late father's share. You are currently not logged in as a member of MyHeritage. 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. Here & Now's Robin Young talks with co-star Michael Cera and director Lila Neugebauer about the production. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Elaine, you just named the book, he said.. 304(d)(1). Zachary Thomson Scott. 773, 87 L.Ed. 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). They had no children together and remained married until his death in December 1968. Her statutory termination rights expired upon her death. 5659,5756. 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. with Elaine Steinbeck{ "@context": "http://schema.org", "@type": "Person", "name": "Elaine Steinbeck", "gender": "Female" }, born 1936, age 86 (approx.) 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.. Though he received great acclaim for his performance, Scott was not particularly well promoted by Warners, and his subsequent films declined in prestige. 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. He said Thomas Steinbeck was a co-owner of his father's copyright and received royalties. His daughter, Waverly Elaine Scott, was born January 24, 1936. Stay up-to-date with how the law affects your life. Waverly Scott Kaffaga, individually as Executor of the Estate of Elaine Anderson Steinbeck, David Scott Farber, Anderson Farber Runkle, Jebel Kaffaga, Bahar Kaffaga and Jean Anderson Boone, Defendants-Counterclaim-Plaintiffs-Appellants, v. 10. His widow, Ruth, tried to sue for a share of it for herself, but didn't have enough money for a lawyer. The Copyright Act provides that [t]ermination of the grant [of transfer or license rights] may be effected notwithstanding any agreement to the contrary. 17 U.S.C. None of the parties could have contemplated that Congress would create a second termination right four years later. The oldest continuously operating theatre in Texas, also one of ten original resident theatre companies in America, was renamed the Zachary Scott Theatre in 1968 in honor of the Austin-born actor. 94-1476, at 139 (1976), reprinted in 1976 U.S.C.A.N. The Supreme Court has described the two provisions, however, as comparable, Mills Music, Inc. v. Snyder, 469 U.S. 153, 173 n. 39, 105 S.Ct. Prior to her death, Elaine Steinbeck held a one-half interest in the statutory termination rights under 17 U.S.C. 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. (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]. Thus, Scott made a successful entry into the Broadway stage, appearing in several successes. He was buried in Austin, Texas. He left his royalties to daughter Shelley but requested that she give the money to her mother, his widow, as long as her mother was alive. He filed papers to adopt his daughter, Shelley, on Feb. 9, 1953. During his lifetime, Steinbeck renewed the copyrights in the works covered by the 1938 Agreement so that they enjoyed protection under both of the consecutive 28-year copyright terms provided for by the version of the Copyright Act in effect at the time. 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. It is no violation of the Copyright Act to execute a renegotiated contract where the Act gives the original copyright owner's statutory heirs the opportunity and incentive to do so. His daughter, Waverly Elaine Scott, was born January 24, 1936. Waverly Rank in US Top 1000. As an exception, however, an agreement for such a further grant may be made between the author or any of the persons provided by the first sentence of clause (6) of this subsection, or between the persons provided by subclause (C) of this clause, and the original grantee or such grantee's successor in title, after the notice of termination has been served as provided by clause (4) of this subsection. Within a week of her divorce from Zachary Scott, Elaine married writer John Steinbeck on December 28, 1950. Had Elaine Steinbeck not entered into the 1994 Agreement, the section 304(c) termination right would have expired,5 and Penguin would have been bound only by the 1938 Agreement for the duration of the copyright terms absent (as ultimately happened) Congressional action. Waverly Scott Kaffaga, the. 1750, 109 L.Ed.2d 184 (1990). Jim Beaver , Other Works On May 10, 1947, Elaine was united in marriage to George D. Senst in Sheboygan Falls. - IMDb Mini Biography By: Waverly Scott Kaffaga, stepdaughter of author John Steinbeck, leaving federal court in downtown Los Angeles on Tuesday. at 127, U.S. Cong.Code & Admin.News at 57432-44. See 17 U.S.C. The agreement would terminate if any of the covered works were not kept in print. Although Hollyood publicists wrote that she had been named after the novel, she was in fact named after her maternal grandfather. See id. Around 1940, the Scotts moved to New York City to seek success there. I have removed the sentence "They had one child together, Waverly Elaine Scott." that was added in the "Personal life" subsection on May 7, 2020. In 1951 he was arrested at a bar in Louisiana for violating segregation laws. See the Elon Musk family tree here at FameChain. Waverly Elaine Scott - Biographical Summaries of Notable People - MyHeritage Discover your ancestry - search Birth, Marriage and Death certificates, census records, immigration lists and other records - all in one family search! Code & Admin.News 1976, pp. In order to revitalize the ability of authors to revisit the terms of earlier grants of rights, the amended Act replaced the two consecutive twenty-eight year terms with a single copyright term of increased duration,2 and it created for authors or their statutory heirs, with respect to transfers or licenses of copyright effected prior to 1978, an inalienable right to terminate the grant of a transfer or license. 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