The 9th Circuit Court of Appeals has ruled that the producers of The Jersey Boys, the musical about the 1960’s group The Four Seasons, have the right to use a 7-second clip from The Ed Sullivan Show in their production.
The court ruled that the show’s use of the clip amounted to “fair use” under copyright law because, by using the clip for its historical significance, the show had imbued it with new meaning and did not usurp whatever demand there was for the original clip.
SOFA Entertainment, which owns the copyright to the entire 1948-1971 run of The Ed Sullivan Show, had sued for use of the clip of Sullivan introducing the Four Seasons in his 1966 show.
The court also awarded attorney’s fees in an effort to deter future lawsuits that might chill the creative endeavors of others.
For more on the case, click here. The court’s opinion can be found here.
