Ronnie Van Zant, Inc. v. Cleopatra Records, Inc.

Citation: 906 F.3d 253Docket: Docket No. 17-2849; August Term 2017

Court: Court of Appeals for the Second Circuit; October 10, 2018; Federal Appellate Court

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Lynyrd Skynyrd, a rock band founded in the 1960s by Ronnie Van Zant, Gary R. Rossington, and Allen Collins, derived its name as a parody of their high school gym teacher's name. The band faced tragedy when a plane crash in 1977 resulted in the deaths of several members, including Van Zant and others, while Pyle, Rossington, and Collins survived. Following the crash, a "blood oath" was made between Ronnie's widow Judith, Rossington, and Collins, agreeing to never use the name Lynyrd Skynyrd again, which they honored for a decade. In 1987, the surviving members undertook a tribute tour, leading Judith to sue them, culminating in the Grondin case and a Consent Order regulating the use of the band's name and history.

In 2016, Cleopatra Records, co-owned by Brian Perera, announced a film based on Lynyrd Skynyrd and the 1977 crash, which Pyle agreed to participate in. His contract entailed a 5% share of the film's net receipts, narration, interviews, and a cameo, while also securing a "Consultant" or "Co-Producer" credit. Upon learning about the film, Judith and other plaintiffs issued a cease and desist letter to Cleopatra, claiming unauthorized use of the band's name and likeness. Cleopatra responded by asserting its First Amendment rights to create the film, requesting the Consent Order, and inquiring about Judith's potential involvement, though this communication did not yield a response.

The District Court determined that the Film's final script centers on Pyle and his relationship with the Lynyrd Skynyrd band, especially with Ronnie Van Zant, highlighting events surrounding the 1977 plane crash. The script features concert performances, band interactions, and flashbacks relevant to Pyle's narrative, with Pyle stating that the Film encapsulates his experiences with the band. The Court concluded that the Film is fundamentally about Lynyrd Skynyrd, supported by the script, Pyle's statements, and the Film's draft titles, while also noting the unreliability of witness Perera. 

In April 2017, the Plaintiffs learned about the Film "Street Survivors: The True Story of the Lynyrd Skynyrd Plane Crash," which was in production. They filed a lawsuit on May 5, 2017, after Cleopatra had invested approximately $1.2 million into the Film. The District Court granted the Plaintiffs a permanent injunction against the Film's distribution, citing Pyle's adherence to a Consent Order and Cleopatra's complicity despite not being a signatory. The Court dismissed the injunction request against Pyle personally, as he lacked legal rights to the Film. The Plaintiffs were awarded attorneys' fees and costs amounting to $632,110.91.

The Defendants argue that this case represents a First Amendment violation due to prior restraint; however, the ruling does not involve government censorship or claims of defamation or privacy infringement that would impose heightened First Amendment scrutiny. While free speech concerns are present, the Court noted that caution is warranted in restricting expressive works, particularly outside copyright law, where such limitations may not be justified.

An injunction imposed due to a private contract that restricts the viewing of an expressive work before public release faces significant constitutional scrutiny, as any prior restraint on expression is presumed invalid. Permanent injunctions are considered prior restraints. While parties may contractually limit publication rights, the current injunction affects Cleopatra, who did not sign the relevant Consent Order, raising concerns about its applicability since she is not a party to the contract. The injunction may apply to entities acting in concert with those bound by it, but its application to an entity preparing an expressive work introduces unique complexities. 

The key provision of the Consent Order allows individual defendants to exploit their life stories, including making a movie about their experiences with the band "Lynyrd Skynyrd," but prohibits them from creating a movie that presents a history of the band. Injunctions must clearly define prohibited conduct to ensure fairness and adequate notice to those affected. The central issue on appeal is whether the terms of the Consent Order are inconsistent or vague, potentially rendering the injunction unenforceable, as Pyle may produce a film that describes his experiences while being restricted from depicting a history of the band.

The script for the movie that Cleopatra is prohibited from distributing highlights inconsistencies and a lack of specificity in the Consent Order's terms. The narrative centers on the plane crash that killed members of the band, which is a significant event in Pyle’s life, classified as both a part of the band's history and Pyle's personal experience. The Consent Order contains provisions that simultaneously restrict movies about the band's history while allowing those that depict individual experiences, creating ambiguity that supports the injunction against distribution.

Sections 4 and 5 of the Consent Order impose additional restrictions beyond those in section 3. Section 4 prohibits any exploitation of the band's history without approval from certain individuals, while section 5 restricts the use of Ronnie or Gaines' likenesses and biographical material, with specific exceptions. The judgment of the District Court is reversed, and the injunction is vacated, which also nullifies the attorney's fees awarded.

The author argues that the movie script does not overstep the rights granted under the Consent Order, specifically section 3, which permits individuals to exploit their life stories, provided they do not present them as a history of the band. The script is analyzed and reveals that it primarily focuses on Pyle's personal experiences surrounding the crash, rather than presenting a historical account of the Lynyrd Skynyrd band, thus adhering to the consent decree’s stipulations.

Pyle's plane crash and subsequent escape are pivotal events in his life, necessitating references to his band in the script, which is permissible under section 3 of the Consent Order. The script does not focus on the band's history but rather on Pyle's personal experience. A review of the script indicates that a mistake has occurred according to the standard of review for trial court findings. The court's power to enforce consent orders is primarily derived from the All Writs Act. Pyle had already given up rights to a share of the film's revenues by the time of the District Court's ruling. While no version of the movie was included in the record, all parties acknowledged the script's consistency across versions. The script outlines key scenes involving Pyle, including moments on stage, interactions with band members, the plane crash, and Pyle's recovery and return from the crash site, as well as his encounters with others during this period.