USC SUES DONORS OF SCHOENBERG ARCHIVES

The University of Southern California has filed a complaint against the heirs of Arnold Schoenberg, donors of the archives of the Arnold Schoenberg Institute on the university campus. The Institute houses the legacy of the Austrian-American composer, Arnold Schoenberg, considered the most important and influential composer of the twentieth century. In the complaint, filed March 15, 1996, the University seeks a declaration that it may retain the entire collection donated by the Schoenbergs and "that the Schoenbergs be stripped of their powers under the Agreements between the parties." The University also seeks to recover punitive damages and all of the copyright royalties received by the Schoenbergs since the 1973 Agreement which established the Institute.

"This is another serious mistake by the University," says E. Randol Schoenberg, the composer's grandson and attorney for the Schoenberg family (and a 1991 graduate of the USC Law Center). "The Schoenbergs donated an extremely valuable collection to the University based on the University's agreement to house and staff the Institute. The Agreement explicitly provides that the Schoenbergs retain the copyrights to the collection. In over 20 years since the archives were given to USC, the University has never suggested that the Schoenbergs were required to pay money on top of their donation."

Last year, following the Schoenberg heirs' notice of breach of the agreement establishing the Institute, the University informed the Schoenbergs that they should remove the Schoenberg collection, valued at over $50 million, from the University and transfer it to another institution. One of the stated grounds for the University's decision was the Schoenbergs' refusal to amend the Agreement to give up their copyrights or their three positions on the seven-member Institute advisory board. "Apparently, the University has changed its mind and wants to keep the collection, but without having to follow through with its contractual obligations," says Schoenberg. "That is not acceptable to us, and we are actively pursuing negotiations with a number of institutions in the U.S. and abroad who have expressed an interest in obtaining the Schoenberg collection."

"As an alumnus of USC, and as a member of a family who donated a tremendously valuable collection to the University," says Schoenberg, "it saddens me to see the current administration run roughshod over gift agreements made under a previous administration. I would not be surprised if other families were less willing to donate to the University as a result of this. In the long run, the University and the entire Southern California community will certainly suffer."