In Desmond v. 20th Century Fox Record Corp., (36 AD2d 925 [1st Dept 1971]), the Appellate Division, First Department, upheld contractual language by which the plaintiff/recording artist had granted defendant the unreserved "right to reproduce and sell phonographic records of any size or speed, tape cartridges, cassettes and reels of plaintiff's performances, and to use plaintiff's name and picture in connection therewith," and dismissed the plaintiff's breach of contract claim. The Court specifically noted that "by virtue of the Agreement, defendant had the right to" engage in this activity "provided, of course, it acted fairly." (Id. at 926.)