that is, recorded in the book of accounts. It offered evidence relating to the Writers Guild of America (WGA) basic agreement, which afforded screenwriters a merchandising royalty based on a percentage, of "absolute gross," defined in the WGA basic agreement as "monies remitted." Disney's expert witness, Schuyler Moore, an entertainment and tax lawyer and adjunct professor of entertainment law at the University of California, Los Angeles, testified the WGA's definition of "absolute gross," a synonym for "gross receipts," had become the commonly understood meaning of "gross receipts" throughout the entertainment industry.
Both Cry Wolf and Disney submitted proposed special verdict forms. Initially Cry Wolf suggested the jury be given a single question: "Does the term `gross receipts' as used in paragraph 21 of the 1983 Agreement and paragraph D.2the Roger Rabbit characters as walk-around characters or in connection with rides and attractions). Cry Wolf admits it waived all rights to the nonmerchandising uses of the Roger Rabbit characters at Disney theme parks in the 1989 Settlement Agreement.[13] However, Cry Wolf argues the waiver, which expressly covered use of the Roger Rabbit characters in "Walt Disney Productions Company's theme parks and attractions," was intended to govern use of those characters only in theme parks actually owned by Disney, not at "independent" theme parks such as EuroDisney in Paris or Tokyo *605 Disneyland, neither of which is owned by Disney but rather operates under a license agreement entitling it to use the Disney name.
In arguing the nonsuit was improperly granted, Cry, Wolf points to the testimony of David