Bush v. National School Studios, Inc

In Bush v. National School Studios, Inc., 139 Wis. 2d 635, 407 N.W.2d 883 (1987), the supreme court again grappled with the question of what is a "dealership." Since the enactment of the Wisconsin Fair Dealership Law (WFDL) in 1974, courts have wrestled with its application. The issue most frequently presented is the same one we consider here: whether a certain business relationship falls within the WFDL's definition of "dealership." ... The dilemma courts face in resolving this question is formulating a definition sufficiently broad to encompass non-traditional business relationships which in fact fall under the dealership rubric, yet restrictive enough to avoid "including every vendor/vendee relationship under the protective veil of ch. 135." Id. at 646. In finding that Bush had a business relationship with National School Studios that qualified for WFDL treatment, the court found several other conditions that appear in business relationships covered by the WFDL. The court held that, to be entitled to WFDL protection, ordinarily a business must: set prices, collect payments, extend credit, and assume the cost of advertising. See id. at 653-54. The court also found that Bush was actually engaged in the grantor business because he took the photographs sold to students through their schools. See id.