Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Video production company threatened with breach of contract suit

Mummy Cat Productions, hired by a city commission to produce a promotional trailer, is facing potential backlash according to business news. The company apparently managed to derive considerable intellectual property from the taxpayer-funded film, which it went on to use in other work. This could constitute a breach of contract, which Florida business owners understand to be a serious charge. 

After producing a ten-minute promotional video for a local interest, Mummy Cat apparently managed to shoehorn much of the material shot into a one-hour documentary filmed separately from the main project. This runs contrary to the spirit of the agreement, which guaranteed royalty-free licensing of the material for five years. The documentary, according to legal experts, represents a derivative commercial venture meant to profit Mummy Cat at taxpayers' expense. 

With the documentary is set to air in 30 percent of the nation's market areas, the city commission is pushing forward with the breach of contract threats. If the documentary makes it to air, it will stand in opposition to the royalty-free agreement initially made between the two parties. If this is the case, a breach of contract suit to be filed in a business court local to both interests could be imminent. 

The spirit of an agreement is often very heavily weighted in breach of contract suits. Florida business owners understand why the words used in a contract are carefully chosen to reflect specific meaning under the law. In this case, should Mummy Cat be found to be taking action in opposition to the signed agreement, the city commission could seek damages. 

Source:, "City Attorney warns Mummy Cat of breach of contract", Mar. 5, 2015

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