Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Display in Musical of Clip from 'Ed Sullivan' Show Was Fair Use

By Judith L. Grubner
March 29, 2013

In SOFA Entertainment, Inc. v. Dodger Productions, Inc., __ F.3d __ (9th Cir. 2013), the U.S. Court of Appeals for the Ninth Circuit considered whether it was “fair use” under the Copyright Act for the award-winning musical “Jersey Boys” to use a seven-second clip of Ed Sullivan's introduction of the Four Seasons rock band on “ The Ed Sullivan Show” that aired in 1966. The clip is used in the musical to illustrate an important moment in the Four Seasons' history. In a projection on a screen hanging over the center of the stage, Ed Sullivan is seen in his “ signature pose,” saying “Now ladies and gentlemen, here, for all of the youngsters in the country, the Four Seasons. ' “' He turns, extends his hand and open palm, and directs the attention of the audience to the stage. The screen goes dark and the actors in the musical perform the song “Dawn.”

The play, a historical dramatization, is divided into four acts, each narrated by an actor playing one of the band members ' Tommy DeVito, Bob Gaudio, Nick Massi, and Frankie Valli. The clip, which appears at the end of the first act, is introduced by the Bob Gaudio character, who places it in context as a “battle” of an American rock band against the “British Invasion” of bands, originally kicked off by the Beatles' prior performance on “The Ed Sullivan Show.” After the song ends, the Gaudio character speaks again, explaining that the Four Seasons was not a social movement like the Beatles, but appealed to military personnel and blue collar workers.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.