Court upholds ‘Yellow’ vid ban

A U.S. District Court judge has upheld on appeal an injunction that prohibits MGM/UA and Warner Home Video from homevid distribution of the Beatles’ “Yellow Submarine.”

The ruling affirms a Superior Court judge’s decision that Subafilms, a Beatles-owned company, did not include homevid rights when it signed a 10-year agreement with MGM/UA and Warner Home Video for television and theatrical distribution of “Yellow Submarine” (Daily Variety, Nov. 10, 1988).

The appeal also upheld damages and attorneys’ fees awarded in the earlier decision. The case is significant in that “there is no other case on point” regarding a definition of a producer’s non-theatrical contractual rights, according to Bert Fields, representative for the Beatles’ Subafilms Ltd.

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