John J. Rosenberg, of the Massachusetts Bar, admitted pro hac vice, for movants. Frederic C. Weiss, New York City, for Dream Street Entertainment, Inc.
In March of 2000, five teenagers who wished to embark upon a music career, with the support of their parents, sought and secured judicial approval of several agreements regarding the group and a recording contract under the procedures applicable to contracts for child performers (New York Arts & Cultural Affairs Law § 35.03). Despite the apparent great success of the group, discord arose between the parents of three of the five youths and the group's producer-manager.
Although both sides consent to end the future professional relationship between these three young men and the producer-manager, as stated on the record, each side asks to be permitted to retain rights to the group name and the right to perform together under that name, which are significant rights in the music and recording industry.
The essential facts are undisputed. The young men performed under the music group name of Dream Street and Dream Street became a hit. Their album “Dream Street” was listed on Billboard as the Top Independent Album on July 28, 2001; their video was a Most Requested Video on Nickelodeon's internet site Nick.com. Appearances were sponsored or sponsorship offered by such prestigious corporations as McDonalds, Nabisco, Kraft and K Mart. New recording opportunities were presented by Disney and Sony.