De Havilland Law
Encyclopedia
The De Havilland Law is the informal name of California Labor Code
Section 2855, a California law
which prevents a court from enforcing specific performance
of an exclusive personal services contract beyond the term of seven calendar years from the commencement of service.
The section was first enacted as part of the new Labor Code in 1937. It was a recodification of an older statute, Civil Code Section 1980, which had been enacted as part of the original California Civil Code
in 1872. The statute had originally provided for a two-year limit on specific enforcement, but was amended in 1931 to seven years.
Hollywood industry lawyers in the 1920s, 1930s, and 1940s took the position that an exclusive personal services contract should be treated as suspended during the periods when the artist was not actually working. Since no artist could be working every single day (that is, including holidays and weekends), this interpretation meant that two, or later, seven years of actual service would be spread over a much longer calendar period, thus extending the time during which the studio system
had complete control of a young artist's career.
In response, actress Olivia de Havilland
filed a lawsuit on August 23, 1943 against Warner Bros.
which was backed by the Screen Actors Guild
. The lawsuit resulted in a landmark decision of the California Court of Appeal for the Second District in de Havilland's favor on December 8, 1944. In an unanimous opinion by Justice Clement Lawrence Shinn, the three-justice panel adopted the common sense
view that seven years from the commencement of service means seven calendar years. Since de Havilland had started performance under her Warner annual contract on May 5, 1936 (which had been renewed six times pursuant to its terms since then), and seven calendar years had elapsed from that date, the contract was no longer enforceable and she was free to seek projects with other studios.
De Havilland's legal victory reduced the power of the studios and extended greater creative freedom to performers. The decision was one of the most significant and far-reaching legal rulings in Hollywood. The decision came to be informally known, and is still known to this day, as the "de Havilland law".
While today's film actors have enjoyed the equitable compensation and creative freedom intended by Section 2855, music artists have not. Jared Leto
and Shannon Leto
of the band 30 Seconds to Mars
credit the de Havilland law with resolving their music contract issue in 2009, which sets a precedent for music artists and Section 2855.
California Labor Code
The California Labor Code, more formally known as "the Labor Code" is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California.-Division 1...
Section 2855, a California law
California law
California law consists of several levels, including constitutional, statutory, and regulatory law, as well as case law.-Constitutional law:...
which prevents a court from enforcing specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
of an exclusive personal services contract beyond the term of seven calendar years from the commencement of service.
The section was first enacted as part of the new Labor Code in 1937. It was a recodification of an older statute, Civil Code Section 1980, which had been enacted as part of the original California Civil Code
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California...
in 1872. The statute had originally provided for a two-year limit on specific enforcement, but was amended in 1931 to seven years.
Hollywood industry lawyers in the 1920s, 1930s, and 1940s took the position that an exclusive personal services contract should be treated as suspended during the periods when the artist was not actually working. Since no artist could be working every single day (that is, including holidays and weekends), this interpretation meant that two, or later, seven years of actual service would be spread over a much longer calendar period, thus extending the time during which the studio system
Studio system
The studio system was a means of film production and distribution dominant in Hollywood from the early 1920s through the early 1960s. The term studio system refers to the practice of large motion picture studios producing movies primarily on their own filmmaking lots with creative personnel under...
had complete control of a young artist's career.
In response, actress Olivia de Havilland
Olivia de Havilland
Olivia Mary de Havilland is a British American film and stage actress. She won the Academy Award for Best Actress in 1946 and 1949. She is the elder sister of actress Joan Fontaine. The sisters are among the last surviving leading ladies from Hollywood of the 1930s.-Early life:Olivia de Havilland...
filed a lawsuit on August 23, 1943 against Warner Bros.
Warner Bros.
Warner Bros. Entertainment, Inc., also known as Warner Bros. Pictures or simply Warner Bros. , is an American producer of film and television entertainment.One of the major film studios, it is a subsidiary of Time Warner, with its headquarters in Burbank,...
which was backed by the Screen Actors Guild
Screen Actors Guild
The Screen Actors Guild is an American labor union representing over 200,000 film and television principal performers and background performers worldwide...
. The lawsuit resulted in a landmark decision of the California Court of Appeal for the Second District in de Havilland's favor on December 8, 1944. In an unanimous opinion by Justice Clement Lawrence Shinn, the three-justice panel adopted the common sense
Common sense
Common sense is defined by Merriam-Webster as, "sound and prudent judgment based on a simple perception of the situation or facts." Thus, "common sense" equates to the knowledge and experience which most people already have, or which the person using the term believes that they do or should have...
view that seven years from the commencement of service means seven calendar years. Since de Havilland had started performance under her Warner annual contract on May 5, 1936 (which had been renewed six times pursuant to its terms since then), and seven calendar years had elapsed from that date, the contract was no longer enforceable and she was free to seek projects with other studios.
De Havilland's legal victory reduced the power of the studios and extended greater creative freedom to performers. The decision was one of the most significant and far-reaching legal rulings in Hollywood. The decision came to be informally known, and is still known to this day, as the "de Havilland law".
While today's film actors have enjoyed the equitable compensation and creative freedom intended by Section 2855, music artists have not. Jared Leto
Jared Leto
Jared Joseph Leto is an American actor, director, producer, occasional model and musician. Leto has appeared in both big budget Hollywood films and smaller projects from independent producers and art houses. He rose to prominence for playing Jordan Catalano in the teenage drama My So-Called Life...
and Shannon Leto
Shannon Leto
Shannon Leto is an American drummer and an occasional actor. He is the older brother of musician and actor Jared Leto; both are part of the rock band 30 Seconds to Mars. -Career:...
of the band 30 Seconds to Mars
30 Seconds to Mars
30 Seconds to Mars is an American rock band from Los Angeles, formed in 1998. Since 2007, the band has consisted of actor Jared Leto , Shannon Leto and Tomo Miličević...
credit the de Havilland law with resolving their music contract issue in 2009, which sets a precedent for music artists and Section 2855.