A Ninth Circuit Appeals Court has ruled that the producers of the musical "Jersey Boys" did not violate copyright law by using a clip from the Ed Sullivan Show in their production. They'd been sued by SOFA Entertainment, who holds the Sullivan Show rights. The judges awarded costs to the Jersey Boys production company, so SOFA will have to pay $155,000 in attorneys' fees and costs -- an award that the judges specifically stated was intended to "deter future lawsuits that might chill the creative endeavors of others."
Appellant SOFA Entertainment, Inc. claimed Dodger infringed its copyright in the clip and could not justify its unlicensed use of the clip as "fair use."
"SOFA is mistaken," said Circuit Judge Stephen S. Trott. "The defendants used the clip in Jersey Boys, their musical about the Four Seasons, to mark a historical point in the band's career. The panel held that this was a fair use because by using the clip for its historical significance, the defendants had imbued it with new meaning and had done so without usurping whatever demand there was for the original clip."
The district court viewed SOFA's infringement claim as "objectively unreasonable and determined that awarding fees would deter future lawsuits that might chill the creative endeavors of others."
Court Says Jersey Boys Producers Were Free to Use Copyrighted "Ed Sullivan" Clip in Show [Kenneth Jones/Playbill]
As Oracle desperately tries to reanimate its wretched, failed attempt to destroy everything Sun Microsystems stood for and end computer science as we know it, there’s never been a better time to rock one of these “You Wouldn’t Reimplement an API” tees, which were an underground hit during the earlier trial.
Kyohazard’s Lament Configuration is a terrific piece of fan-art for those of us who loved the Hellraiser movies (the good ones, at least).
This is a pretty amazing vacancy: “You will lead Consumer Reports in our effort to realize a market where consumer safety is protected through strong encryption; consumers’ rights to test, repair, and modify their devices are supported by copyright, security, and consumer protection laws; and consumers are empowered to make informed choices about IoT products […]
Finding quality icons is a challenge for designers, and can also get pretty costly if you use them often. And when you’ve got a lot to do, the last thing you want to spend your time on is creating new icons from scratch That’s why we recommend using the Noun Project ($49). Noun Project is a site […]
While Netflix and Hulu have seemingly dominated the streaming market with their limited selections, we’ve looked a little outside the box and found something pretty great as an alternative. SelectTV combines all the content of cable with the convenience of streaming, and it’s affordable too.SelectTV is an online subscription service that packs an impressive library of over […]
These days, the vape market is saturated with low-quality products, making it nearly impossible to separate the gems from the duds. The Atmos Rx Dry Herb Vaporizer stands out from crowd for two reasons: its impressive battery life and durable construction. This high-end little gadget is compact enough to fit in your pocket, and packs a powerful punch, […]