U.S. Ninth Circuit finds Unauthorized use of a 7-Second Clip of a Movie to be 'Fair Use'

Defendants created a musical play which is a dramatization about the Four Seasons and the lives of its members. Defendants used, without authorization, a seven-second clip from the Ed Sullivan Show in which Ed Sullivan introduced the band Four Seasons. Plaintiff sued Defendants for copyright infringement and district court granted summary judgment in favor of Defendant. Ninth Circuit held: This was fair use because the clip had historical significance and Defendants imbued it with new meaning.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.