Elaine Steinbeck, a vivacious former Broadway stage manager who carefully guarded the literary estate of her late husband, John Steinbeck, over the 35 years since the Nobel laureate's death, died. So, even if we accept that the 1994 Agreement explicitly carries forward possible future termination, Steinbeck, 433 F.Supp.2d at 401, it does not matter inasmuch as the pre-1978 grant of rights no longer existed. Around 1940, the Scotts moved to New York City to seek success there. He knew so many people. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Join our community book club. View agent, publicist, legal and company contact details on IMDbPro. His grandson, David Melville Skinner, was born on January 6, 1957. His wife is Ruth Ford (6 July1952 - 3 October1965)( his death)( 1 child), Elaine Anderson (21 February1935 - 21 December1950)( divorced)( 1 child). Waverly Rank in US Top 1000. 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. He is a member of famous Actor with the age 51 years old group. 304(c)(5). Id. We were on the phone one night, she told the St. Louis Post-Dispatch in 1992, and I told him how his notes reminded me of the Robert Louis Stevenson book about traveling with a donkey. An attorney for Kaffaga said Gail Steinbeck caught wind of projects and then threatened movie makers that she and her husband had legal rights to the work and also cut secret side deals without notifying Kaffaga. he protested in court that he was invited to the bar by black men in uniform and that he was proud to drink with US soldiers. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. $0.99 $ 0. 5659, 5755. He and his wife were spotted in a play there by Alfred Lunt, who recommended them to the producers of New York's Theatre Guild. 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. Anderson was born in Austin, Texas, to Libbie Adeline (ne Roberts) and Waverly F. Anderson. All rights reserved. She was buried near Steinbeck in the Garden of Memories Memorial Park in Salinas, California. No. 17: At his first wedding, his father was his best man and his two sisters were bridesmaids. He was a direct descendant of George Washington's only surviving sister, Betty. 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. She was previously known as Elaine Anderson during her acting career. The jury found that Steinbecks son Thomas, who died in 2016, and his wife Gail interfered with deals that his stepdaughter, Waverly Scott Kaffaga, had attempted to make with filmmakers to adapt his novels into films. About three months after he died, Shelley decided to keep the money for herself, leading to her estrangement from her mother. She worked with husband Zachary at the Austin Little Theatre for several years, and in the process they met several people with connections in the New York theatre. The section provides, in pertinent part: In the case of any copyright subsisting in either its first or renewal term on January 1, 1978, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by [the author or the author's heirs as specified at section 304(a)(1)(C)], otherwise than by will, is subject to termination under the following conditions: (1) In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected by the author who executed it or, if such author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's termination interest. We are thankful to the members of the jury for their time and service.". 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. Id. Your California Privacy Rights/Privacy Policy. | EU Privacy Preferences. The Notice of Termination issued in 2004 by the Steinbeck Descendants purported to terminate the 1938 grants of copyright licenses within each work's section 304(d) termination period. Berger said Kaffaga's claim had no merit and she wasn't entitled to any damages because most movies optioned are never made and that estimated revenue from unproduced projects was speculation. Kaffagas mother, Elaine Anderson, was married to Steinbeck from 1950 until his death in 1968. post-1978-grant of rights, where termination right could not have been exercised until 1984 at the earliest, and where [n]either party intended to revoke and replace (or even modify) a 1976 grant of rights). Elaine Anderson Steinbeck (born Mary Elaine Anderson; August 14, 1914 April 27, 2003) was an American actress and stage manager. His widow, Ruth, tried to sue for a share of it for herself, but didn't have enough money for a lawyer. The famous author had just ended his second marriage and was moaning that he would never love another woman or write another book. Section 304(d) otherwise incorporated the conditions specified in section 304(c) including the statutory heirs of an author's termination right. Subsequently, he married actress Ruth Ford and began to concentrate more on stage and television work. Known for his various charitable work, especially projects to help the poor and aid American troops. His grandson, David Melville Skinner, was born on January 6, 1957. He and his wife were spotted in a play there by Alfred Lunt, who recommended them to the producers of New York's Theatre Guild. at 402 (footnote omitted). 105-298, 112 Stat. See 17 U.S.C. Such grants are subject to the slightly different termination right provided at 17 U.S.C. (5)Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant. He was so much fun, so different from anybody I had ever met.. 1750; accord Marvel Characters, Inc. v. Simon, 310 F.3d 280, 283 (2d Cir.2002) (quoting Stewart). Jurors on Tuesday found in favor of Waverly Scott Kaffaga, who had alleged that long-running litigation over Steinbeck's estate prevented her from making the most of his copyrights at a time when marquee names such as director Steven Spielberg and actress Jennifer Lawrence were interested in bringing the novelist's masterpieces back to the screen. 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. .mw-parser-output cite.citation{font-style:inherit;word-wrap:break-word}.mw-parser-output .citation q{quotes:"\"""\"""'""'"}.mw-parser-output .citation:target{background-color:rgba(0,127,255,0.133)}.mw-parser-output .id-lock-free a,.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-limited a,.mw-parser-output .id-lock-registration a,.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/d/d6/Lock-gray-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-subscription a,.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/a/aa/Lock-red-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg")right 0.1em center/12px no-repeat}.mw-parser-output .cs1-code{color:inherit;background:inherit;border:none;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;color:#d33}.mw-parser-output .cs1-visible-error{color:#d33}.mw-parser-output .cs1-maint{display:none;color:#3a3;margin-left:0.3em}.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right{padding-right:0.2em}.mw-parser-output .citation .mw-selflink{font-weight:inherit}Steinbeck, John, Ed. Similarly, if a termination right expires without being exercised, the original grant is no longer subject to termination, and the Copyright Act specifically provides that in such a case a grant would continue[] in effect for the remainder of the extended renewal term. 17 U.S.C. 94-1476, at 140 (1976), U.S.Cong. Jean Renoir, however, cast the Texan in a touching and sensitive role in his classic The Southerner (1945). Biography [ edit] Anderson was born in Austin, Texas, to Libbie Adeline (ne Roberts) and Waverly F. Anderson. III. It addressed the publication by Penguin of all works that were covered by the 1938 Agreement. In any event, nothing in section 304(c)(6)(D) prevents renegotiation of a prior grant where a notice of termination has not been served. 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. You are currently not logged in as a member of MyHeritage. He dropped out of college and signed on as a cabin boy on a freighter bound for England. After the verdict, Kaffaga issued a statement in her capacity as executor for the estate of Elaine Steinbeck. his widow, Ruth, tried to sue for a share of it for herself, but didn't have enough money for a lawyer. In the early 1990's, the theatre moved to professional status with Actor's Equity Association and was selected for a National Endowment for the Arts Advancement Grant. There was no such attempt at recharacterization here. It is believed to be correct at the time of inputting and is presented here in good faith. Anderson is said to have made uncredited appearances in two 1944 B-movies: A Night of Adventure, and Seven Days Ashore ("girl in band"). She left everything to be divided by her 3 children. at 656-59, 63 S.Ct. 304(c)(6)(F). Zachary Scott and his co-star, Ann Sheridan, in The Unfaithful (1947) were both born in Texas and died two years apart at the age of 51 (of a brain tumor and cancer, respectively). We agreed with the author that the grantee could not use such after-the-fact relabeling of the nature of the work to eliminate a future exercise of the author's termination right under section 304(c), because the contract constituted an agreement to the contrary that left termination rights unaffected under section 304(c)(5). Yet such an agreement could not be held ineffective as an agreement to the contrary inasmuch as section 304 itself contemplates elimination of termination rights in that manner. They divorced in December 1950. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Waverly Elaine Scott - Biographical Summaries of Notable People - MyHeritage Waverly Elaine 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? He was in a black establishment drinking alcohol with African-Americans. The 1994 Agreement is not invalid as an agreement to the contrary-and the Steinbeck Descendants' termination right under section 304(d) is therefore no longer effective-even if the agreement had the effect of eliminating a termination right that Congress did not provide until 1998. In a related action, initiated by the Steinbeck Descendants, the estate and heirs of Elaine Steinbeck filed counterclaims seeking an equivalent declaration. Click here to Start FameChaining. Upon graduating she went to work at Passavant Hospital in Milwaukee. Berger, the lead defense attorney, noted that Kaffaga was never adopted by John Steinbeck and was not one of his heirs. No. He is from USA. Scott Rudin and Eli Bush are producing, with Lawrence and Justine Polsky. We recommend you to check the complete list of Famous People born on 21 February. 17 U.S.C. 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. Elaine Anderson Steinbeck (born Mary Elaine Anderson; August 14, 1914 - April 27, 2003) was an American actress and stage manager. He sometimes tested his characters dialogues on his wife but, as she discovered, did not welcome her commentary. He said Thomas Steinbeck was a co-owner of his father's copyright and received royalties. No. Id. Discover today's celebrity birthdays and explore famous people who share your birthday. 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. The Scotts had one child together, Waverly Scott. Young Edward Waverley is caught in the middle: son of a Hanoverian yet nephew and heir to a Jacobite, a . A separate agreement was executed on the same day by Penguin and by Elaine Steinbeck, acting on her own behalf and on behalf of Thomas Steinbeck. Once terminated and superseded, the new contract provides all of the parties' obligations and remedies for breach. See id. We conclude that it did, leaving in effect no pre-1978 grants to which the termination rights provided by section 304(d) could be applied. 773, 87 L.Ed. None of the parties could have contemplated that Congress would create a second termination right four years later. Senator for Texas (former) NASA Administrator (former) Astronaut (former) Affiliation United States NASA (former) Political party Republican Missions Years later, after suffering a mild stroke, her husband was depressed and decided he wanted to tour the country by himself. This is an appeal from an order of the United States District Court for the Southern District of New York (Richard Owen, Judge) granting summary judgment to the appellees Thomas Steinbeck and Blake Smyle based on the court's conclusion that a notice of termination given in 2004 that purported to terminate, pursuant to the Copyright Act, 17 U.S.C. Although he continued to work in films, including one for director Luis Buuel, Scott never quite reclaimed the level of stardom that he'd achieved in the mid-1940s. So, provided that a post-1978 agreement effectively terminates a pre-1978 grant, Congress did not manifest any intent for the earlier agreement to survive simply for purposes of exercising a termination right in the future. A collateral relative of George Washington and William Barclay 'Bat' Masterson, Scott was the son of a wealthy surgeon. In 1951 he was arrested at a bar in Louisiana for violating segregation laws. She obtained a divorce from Scott in December 1950 and married Steinbeck a week later. he protested in court that he was invited to the bar by black men in uniform and that he was proud to drink with US soldiers. Elaine Woo is a Los Angeles native who has written for her hometown paper since 1983. Emery carried him to shore. American leading man of suave or sinister roles. The writer had given his wife Charley as a birthday present. Penguin, and the estate and heirs of Elaine Steinbeck, appeal from the portion of the district court's judgment addressing the validity of the 2004 Termination Notice as to those works covered by the 1938 Agreement. "Elaine Steinbeck, 88, Author's Widow, Dies. Marvel concludes only that backward-looking attempts to recharacterize existing grants of copyright so as to eliminate the right to terminate under section 304(c) are forbidden by section 304(c)(5). The agreement was binding upon [John Steinbeck's] heirs, executors, administrators or assigns.. We also reject the suggestion that, notwithstanding the plain language of the 1994 Agreement, there was no effective termination of the 1938 Agreement because the 1994 Agreement provided no opportunity-no moment of freedom-for those holding the termination right to renegotiate the terms of the grant. His mother, Sally Lee Scott, died November 1983 at 95. 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 doing a hula dance outside a bar when he was arrested. When Elaine Steinbeck died in 2003, her daughter, Waverly Scott Kaffaga, inherited the estate. Our first inquiry, then, is whether the 1994 Agreement terminated and superseded the 1938 Agreement. They married and moved to New York in 1939. In Sag Harbor, the writing day always began with a walk to the shore with Charley. Although he continued to work in films, including one for director Luis Buuel, Scott never quite reclaimed the level of stardom that he'd achieved in the mid-1940s. For example, sections 304(c) and (d) require only the consent of a simple majority in interest for the exercise of a termination right. Within a week of her divorce from Zachary Scott, Elaine married writer John Steinbeck on December 28, 1950. So, how much is Zachary Scott worth at the age of 51 years old? Det anses vara ett " minnesspel ". He filed papers to adopt his daughter, Shelley, on Feb. 9, 1953. Also learn how He earned most of Zachary Scott networth? Zachary Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Zachary Scott", "gender": "Male" }, Sallie Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Sallie Scott", "gender": "Female" }, Abbey Hearon{ "@context": "http://schema.org", "@type": "Person", "name": "Abbey Hearon", "gender": "Female" }, Mary Kleberg{ "@context": "http://schema.org", "@type": "Person", "name": "Mary Kleberg", "gender": "Female" }, Shelley Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Shelley Scott", "gender": "Female" }, with Ruth Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Ruth Scott", "gender": "Female" }, Waverly Scott{ "@context": "http://schema.org", "@type": "Person", "name": "Waverly Scott", "gender": "Female" }, born 1936, age 82 (approx.) He was in a black establishment drinking alcohol with African-Americans. 304(c)(5). View Cynthia Scott results in Virginia Beach, VA including current phone number, address, relatives, background check report, and property record with Whitepages. Returning to Texas, he married actress Elaine Anderson and became active in local theater in Austin. Subsequently, he married actress Ruth Ford and began to concentrate more on stage and television work. 638, 83 L.Ed.2d 556 (1985), and indeed they both contain the agreement to the contrary clause. ", Van Neste, Dan. WAVERLY Elaine Bertha (Heule) Senst, 94, of Waverly, died Friday, July 14, at Clarksville Skilled Nursing and Rehabilitation Center in Clarksville of natural causes. Obtained a divorce from Zachary Scott, Elaine married writer John Steinbeck on December 28,.. The Garden of Memories Memorial Park in Salinas, California the Texan in a black establishment drinking alcohol with.! A touching and sensitive role in his classic the Southerner ( 1945 ) the copyright Act gives to and. 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