![]() ![]() #Tom doherty tor books license#The Rider reads as follows: During the Term of this Agreement, if desires to license the publishing rights to additional juvenile story books based on characters, artwork and/or literary, television, motion picture or theatrical properties owned or controlled by, shall submit such additional titles for consideration. However, if Saban so desired, TOR would have an exclusive right of first refusal to be exercised within thirty days. In the end, the parties agreed that Saban would retain the initial right to decide whether to publish additional juvenile story books based on its properties. The Rider completely replaced TOR's standard option paragraph, and the evidence is undisputed that the Rider was the subject of intense negotiation and that several drafts were exchanged. However, the most significant provision of the Agreement for purposes of this motion is undeniably the rider to Paragraph 16 (the "Rider"). Virtually the entire Agreement is concerned with the rights and obligations of the parties concerning the six titles TOR would publish immediately. The Court need look no further than the Agreement itself, which is an extensively marked-up version of TOR's standard Contract with Author. It is clear from the evidence that the parties carefully negotiated the terms of the Agreement. Second, the Agreement contemplates the possible publication of further books in the future. First, TOR would immediately publish *1133 six books based on Saban properties. The Agreement achieved two important objectives. In December 1991, TOR and Saban entered into the agreement at issue, dated "as of" Octo(the "Agreement"). Neither Josey or Meister, the two attorneys involved, had ever negotiated a licensing agreement for publication rights of children's books. Spencer Humphries, an outside consultant for Saban who originally suggested TOR as a potential publisher William Josey, General Counsel for Saban Kathleen Doherty, the director of Education Sales at TOR and the person in charge of its children's book publishing division and Lotte Meister, associate general counsel for St. The ensuing negotiations principally involved four individuals: L. 7.) TOR sought the "publishing rights to properties that could anchor a line of juvenile books." (K. ![]() Saban sought a publisher for "a line of juvenile picture books based on characters." (Def.Mem. In 1991, seeking to find a publisher for children's books featuring its characters and stories, Saban approached TOR about entering into a long term arrangement. Saban is the creator, producer, and distributor of video entertainment for children. TOR is also a relatively minor publisher of children's books. ![]() Martin's Press, is a major publisher of fantasy and science fiction books for adults. ![]() For the reasons stated below, TOR's motion is granted in part and denied in part. After expedited discovery, the Court held an evidentiary hearing. On August 11, 1994, TOR moved for a preliminary injunction requiring Saban to offer TOR the right to publish juvenile story books based on the Mighty Morphin Power Rangers ("Power Rangers"), prohibiting Saban from licensing or facilitating the publication of books based on the Power Rangers (except coloring, comic or activity books), and prohibiting Saban from licensing the publication of juvenile story books based on other Saban properties unless TOR is first offered the right to publish such books. and Saban International NV (together "Saban"), for breach of contract. Plaintiff, TOR Books ("TOR"), brought this action against defendants, Saban Entertainment Inc. Oberlander, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants. Diskant, Patterson, Belknap, Webb & Tyler, New York City, for plaintiff. SABAN ENTERTAINMENT INC., and Saban International NV, Defendants. TOM DOHERTY ASSOCIATES INC., d/b/a TOR Books, Plaintiff, ![]()
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