Dove Audio, Inc. v. Rosenfeld, Meyer & Susman

Dove Audio, Inc. appeals from the dismissal of its defamation action after a demurrer was sustained without leave to amend, and from the granting of a special motion to strike the action as a “SLAPP” (strategic lawsuit against public participation) suit. We affirm the orders of the trial court.

Factual and Procedural Summary

In 1992, Dove Audio, Inc., published a recording of “Carnival of the Animals” (the record), a compilation of lyrics by Ogden Nash read to the music of Camille Saint-Saens. The lyrics were read by Audrey Hepburn and 13 other celebrities. Dove agreed to pay a 2 percent royalty for the participation of these celebrities, divided equally among the charities they designated.

Sometime after Ms. Hepburn’s death, it came to the attention of her son, Sean Hepburn Ferrer, that Ms. Hepburn’s designated charity, the American Society for the Prevention of Cruelty to Animals, had received only minimal royalty payments (less than $100) from Dove. Mr. Ferrer asked the law firm of Rosenfeld, Meyer & Susman (RM&S) to look into the situation and, after obtaining the support of other celebrities who participated in the recording, contact the proper governmental agency…