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7 - Performing

Duties, Modification, Good Faith

Published online by Cambridge University Press:  05 June 2012

Lawrence A. Cunningham
Affiliation:
George Washington University Law School
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Summary

In a civilized society people must be able to assume that those with whom they deal will act in good faith.

– Roscoe Pound

IMPLIED TERMS: BUTCH LEWIS AND MAYA ANGELOU

Maya Angelou is a renowned poet and professor at Wake Forest University. Since the 1969 publication of her autobiography, “I Know Why the Caged Bird Sings,” her acclaimed poetry had been published widely by Random House and initially reached a distinguished, albeit small, audience. In 1994, Butch Lewis, the former prize fighter and promoter of famous boxers such as Muhammad Ali and Joe Frazier, conceived the idea of popularizing Angelou’s poetry by including it in greeting cards and similar media. The idea proved spectacularly successful. Hallmark greeting cards using Angelou’s poetry have generated hundreds of millions of dollars in company sales and many millions in author royalties. Lewis and Angelou fought a pitched, eight-year long battle over whether they had a contract to split the take.

Lewis first met Angelou in early 1994 when the scrappy fighter asked the elegant poet to take a trip to Indiana with him to visit his boxing client, Mike Tyson, in prison. During the trip, Angelou and Lewis discussed how she might expand her readership by publishing her works in greeting cards. After negotiations, the two signed an informal letter of agreement on November 22, 1994. Angelou promised to contribute poetry exclusively to Lewis and he promised to promote its publication in greeting cards. The exclusivity feature was important because it meant Angelou could not market her poetry without Lewis and Lewis did not need to fear that his efforts would be undercut by a last-minute switch to a competing promoter.

Type
Chapter
Information
Contracts in the Real World
Stories of Popular Contracts and Why They Matter
, pp. 148 - 171
Publisher: Cambridge University Press
Print publication year: 2012

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  • Performing
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.009
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  • Performing
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Performing
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.009
Available formats
×