![handle is hein.journals/entspl8 and id is 1 raw text is: A
Publication of the ABA Forum on the Entertainment and Sports Industries
Volume 8, Number 1, Spring 1990
Determining Damages for Breach of
Entertainment Agreements ,'i
Melvin Simensky, 1 f ii
The key to measuring damages for breach of an entertainment agreement i i I
is in properly evaluating the reasonable foreseeability of such damages. i I - . '
In the entertainment business, characterized by unpredictability and inst- I
ability, such evaluation is often questionable and problematic. Neverthe- i ' ,i
less, if damages are to be awarded in entertainment disputes for contract i ] f
violations, such evaluations must be made and considered.
This article will explore the economic realities of the entertainment mar-
ketplace that make the legal issue of reasonable foreseeability-trans-
lated into the business term predictability-so difficult to assess. Attention ff |F _j STAR -_,_
will then be focused on those situations where courts have less difficulty it , 'A7 1 ,
in measuring, and therefore more likelihood of awarding, entertainment I
dam ages. _ _I I_ _ _
ECONOMIC REALITIES OF THE .--
ENTERTAINMENT MARKETPLACE MRS
At the heart of the entertainment business is creative product and the I
quandry whether such product-especially in the form of new projects-
will find sufficient public acceptance to be remunerative. Creativity is dif-
ficult to quantify, and public tastes are difficult to anticipate. For example, ' 4i--- ,.,-t,:i](ViewImageLocal?handle=hein.journals/entspl8&div=1&collection=&method=preview&ext=.png&size=3)
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