Page:M & A Associates v. VCX.pdf/3

 Simcha Shapiro, Spilkin & Shapiro, Southfield, Mich., for plaintiff.

Marietta S. Robinson, Sommers, Schwartz, Silver & Schwartz, Southfield, Mich., for defendant.

WOODS, District Judge.

M & A Associates, Inc. (M & A) agreed to sell VCX, Inc. (VCX) an exclusive right to make video cassette copies of a motion picture entitled “Debbie Does Dallas.” M & A was to receive royalties of ten dollars for each copy sold by VCX. M & A claims that VCX breached its obligation to pay royalties. VCX, on the other hand, claims that its performance is excused because of M & A’s failure to protect the film under the Copyright Act of 1976, 17 U.S.C. § 101, et seq.

The Court, having conducted a trial and having heard arguments by counsel, submits the following findings of fact and conclusions of law:

1. M & A Associates, Inc., is an assumed name under which its president, Arthur Weisberg, conducts business in Michigan. Weisberg was a Michigan resident when the complaint was filed.