By Greg Gilman
LOS ANGELES (TheWrap.com) - The producers of "Jersey Boys" have prevailed in a lawsuit alleging that the use of a seven-second clip from "The Ed Sullivan Show" was copyright infringement.
On Monday, an
appellate court in California upheld a lower court's decision to award
$155,000 in attorney fees to defendants Dodger Productions and Dodgers Theatricals, Ltd.
In the hit Broadway production that dramatizes the rise and eventual breakup of '60s rock 'n' roll band The Four Seasons, the quick clip of Ed Sullivan
introducing the foursome is used as a transition to a live rendition of
the song they performed on the late-night show. Afterward, the actor
portraying Four Seasons member Bob Gaudio reflects on the band's career
in comparison to the Beatles.
SOFA Entertainment,
Inc., who filed the appeal in February, claimed the defendant could not
justify its unlicensed use of the clip as "fair use," but Judge Stephen S. Trott ruled the company "is mistaken."
"By using the clip for its biographical significance,
Dodger has imbued it with new meaning and did so without usurping
whatever demand there is for the original clip," Trott wrote. "Dodger is
entitled to prevail on its fair use defense as a matter of law."
And since SOFA previously tried and failed to prove copyright infringement of another property, Judge Trott believes the company should be known better.
"In light of the education SOFA received as the
plaintiff in Elvis Presley Enterprises, SOFA should have known from the
outset that its chances of success in this case were slim to none,"
Trott concluded. "Therefore, we conclude that the district court's award
of attorney fees to Dodger was justified."
