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Add the andPOP Facebook Application - (Yahoo!) - Sid & Marty Krofft Pictures is suing *NSync for copyright infringement and breach of "implied-in-fact" contract over their alleged use of images of puppets Marty Krofft made for the group.
The suit, filed in U.S. District Court, Central District of California, on Tuesday, names the five members of *NSync as defendants, along with group manager Johnny Wright, his Wright Entertainment Group, merchandise consultant Rick Barlowe, Winterland Concessions Company and Winterland Productions, Ltd.
The boy band contracted Krofft to make 25-foot puppets of each of the *NSync members for their performance of "Bye, Bye, Bye" at the American Music Awards in January. Sid & Marty Krofft Pictures, Inc., is the creator of such classic children's television programs as "H.R. Pufnstuf," "Land of the Lost" and "The Bugaloos."
The suit alleges that Wright orally agreed to pay Krofft if *NSync produced any merchandise related to the puppets but claims the defendants did not follow through on the agreement. The merchandise cited in the suit includes an image of the puppets on *NSync's souvenir program and an image on a souvenir backstage pass laminate sold at concerts, as well as any other related material that "may" exist. Krofft also asks that *NSync compensate him for their popular marionettes sold at toy stores, claiming they were inspired by his creative efforts.
Krofft recorded the copyright registrations for the puppets in July, which gave him the exclusive rights for their use, with the exception of their AMA debut, the suit states.
"[Wright] promised that if they made any merchandise [from the puppets], or what we call derivative work, they would pay," Krofft lawyer Bruce Isaacs said Wednesday (November 29). "But when we contacted [*NSync for payment], we were told we were not entitled to anything."
"All we want is our fair share," he said.
The suit asks for actual and statutory damages, lawyers' fees and a "reasonable royalty of at least 10 percent" of monies received from sales of the merchandise.
*NSync's Jive Records spokesperson could not be reached for comment by press time.
