Society of Survivors of the Riga Ghetto, Inc. v. Huttenbach

Society of Survivors of the Riga Ghetto, Inc. (SSRG) (plaintiff) consisted of Jewish survivors of a Latvian ghetto the Nazis operated from 1941 to 1943. SSRG contracted with history professor and Holocaust-studies specialist Henry Huttenbach (defendant) to write a book about survivors’ experiences. The initial contract gave SSRG ownership of and all copyrights to the manuscript and Huttenbach exclusive access to materials until the manuscript’s completion, and provided for publication under Huttenbach’s authorship with SSRG as sponsor or publisher. The second agreement reiterated SSRG’s ownership and gave Huttenbach exclusive use of materials for five years. The third contract restated the copyright agreement and provided the book would be a “work for hire” but Huttenbach was an independent writer, and Huttenbach would not prepare any book or article about the ghetto until 1991. The second and third agreements were prompted by timing issues and a chapter summary by Huttenbach published in a periodical. Huttenbach submitted initial and revised manuscripts. SSRG members were discouraged by perceived inaccuracies. The relationship deteriorated. SSRG sued Huttenbach for breach of contract and an order compelling him to return all manuscripts and materials. Huttenbach denied breaching any contract; sought to compel SSRG to proceed with editing; counterclaimed for damages, including $1,600 contractually due; and maintained he entered into the latter agreements under duress and should be declared the manuscript’s owner.