Plaintiff, a concert vocalist, gave a performance on September 14, 1980 at Carnegie Hall which was recorded. Tapes thereof were delivered to defendant producer for the purpose of releasing commercial recordings. In the same month, defendant entered into an agreement with a record company to manufacture and sell phonograph records and cassette tapes of the concert performance in return for an advance to him against royalty payments of $1 per unit. Only thereafter did the defendant...
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