Laguna Pacific v. David Carter Legal Papers, 1980-1985., bulk 1983-1985.

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Summary

Title:
Laguna Pacific v. David Carter legal papers
Dates:
1980-1985., bulk 1983-1985.
Creators:
Unknown
Abstract:
Photocopy legal records relating to the lawsuit (1983-1985) brought by Laguna Pacific, the production company of gay adult filmmaker George Fisher (aka William Higgins), against David Beckmann (aka David Carter) for unauthorized selling of authentic copies, and selling counterfeit copies, of the former's films. The materials include extensive photocopies of the defendant's financial records, which illustrate the business aspects of the gay adult film industry in the early 1980s.
Extent:
4 archive cartons. 1.4 linear feet.
Language:
Languages represented in the collection: English
Preferred citation:

Laguna Pacific v. David Carter legal papers, Coll2008-013, ONE National Gay and Lesbian Archives, Los Angeles, California.

Background

Scope and content:

The collection consists of photocopies of materials relating to the lawsuit (1983-1985) brought by Laguna Pacific, the production company of gay adult filmmaker George Fisher (aka William Higgins), against David Beckmann (aka David Carter) for unauthorized selling of authentic copies, and selling counterfeit copies, of the former's films. Approximately half the materials are legal papers, including motions, briefs, and depositions; the remainder are copies of the defendant's financial records. The records illustrate how gay adult films were marketed and distributed in the early 1980s, the high financial stakes, the ethically fluid business practices of the participants, and their relationships with one another.

Biographical / historical:

In late 1983, investigators for Laguna Pacific, the holder of copyrights to several adult gay motion pictures, including all the films of director William Higgins (real name: George Fisher), learned that David Carter (real name: David Beckmann), through a mail-order firm he had set up called Malibu Video, was selling counterfeit copies of Laguna Pacific's copyrighted films at prices far lower than those charged by Laguna Pacific. In December 1983, Laguna Pacific filed a lawsuit in US District Court for the Central District of California, in Los Angeles, against Carter for violation of copyright, unfair competition, trade libel, and racketeering. In January 1984, Carter agreed to a preliminary injunction enjoining him from continued sales of Laguna Pacific films pending the outcome of the trial; a month later, Laguna Pacific agreed to permit Carter to recommence sales of authentic copies of Laguna Pacific films. However, in May and July 1984, Laguna Pacific discovered that Carter had continued to ship counterfeit Laguna Pacific tapes, and had established a new business, Universal Video, which continued the practices of Malibu Video. In September 1984, the judge hearing the case found Carter in contempt of the injunction of January 1984, and in February 1985, ordered him to pay Laguna Pacific $103,112.19 damages, $17,062.23 in attorneys fees, and $2,687.50 costs. The outcome of the case is not apparent from the records on hand, the last of which are a series of depositions by David Carter in September 1985.

Acquisition information:
Date and method of acquisition unknown.
Appraisal information:

United Presbyterian Church Task Force to Study Homosexuality Packet 2, dated July 1, 1977, found with the collection, appears to have no connection with it, and was removed to the ONE National Gay & Lesbian Archives subject files.

Processing information:

Formerly housed in box 103-053. Collection processed by Michael P. Palmer, April 30, 2008.

Processing this collection has been funded by a generous grant from the National Historical Publications and Records Commission.

Rules or conventions:
Finding aid prepared using Describing Archives: a Content Standard

About this collection guide

Collection Guide Author:
Michael P. Palmer
Date Prepared:
© 2008
Date Encoded:
Machine-readable finding aid created by Michael P. Palmer. Machine-readable finding aid derived from MS Word. Date of source: April 30, 2008.

Access and use

Restrictions:

The collection is open to researchers. There are no access restrictions.

Terms of access:

Researchers wishing to publish materials must obtain permission in writing from ONE National Gay and Lesbian Archives as the physical owner. Researchers must also obtain clearance from the holder(s) of any copyrights in the materials. Note that ONE National Gay and Lesbian Archives can grant copyright clearance only for those materials for which we hold the copyright. It is the responsibility of the researcher to obtain copyright clearance for all other materials directly from the copyright holder(s).

Preferred citation:

Laguna Pacific v. David Carter legal papers, Coll2008-013, ONE National Gay and Lesbian Archives, Los Angeles, California.

Location of this collection:
909 West Adams Boulevard
Los Angeles, CA 90007, US
Contact:
(213) 821-2771
askone@usc.edu
Website