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United States Ninth Circuit


Sofa Entertainment, Inc. v. Dodger Productions, Inc., 10-56535

Summary judgment for defendants and award of attorneys' fees in copyright infringement suit was proper, where: 1) defendants' use of a seven-second clip of Ed Sullivan’s introduction of the Four Seasons on The Ed Sullivan Show in Jersey Boys, a musical about the Four Seasons, was fair use because by using the clip for its biographical significance, defendants had imbued it with new meaning and had done so without usurping whatever demand there was for the original clip; and 2) the district court's award of attorney fees to defendants was justified.

Appellate Information

  • Decided 03/11/2013
  • Published 03/11/2013

Judges

  • TROTT

Court

  • United States Ninth Circuit

Counsel

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