To prove copyright infringement, a plaintiff must demonstrate that the defendant copied a substantial amount of protected expression from a plaintiff's work. Facts themselves are not copyrightable, although a sufficiently original selection, coordination or arrangement of facts may qualify for a compilation copyright.
'Asserted Truths' Doctrine Used to Decide Jersey Boys Copyright Dispute
In a recent decision, the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito — an original member of The Four Seasons music group — and used in the Broadway musical Jersey Boys depicting the band's history and hits, comprised facts and other noncopyrightable expression.
By
Robert J. Bernstein and Robert W. Clarida
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