No Copyright Infringement Over A Seven-Second Clip From The Ed Sullivan Show.

At the end of the first act of the musical Jersey Boys, a seven second clip from the old Ed Sullivan show is shown on a screen. The clip was used without permission of the holder of the license who brought an action for copyright infringement. The musical’s production company claimed their use of the clip amounted to fair use under 17 USC § 107. A federal district court found in favor of the production company on summary judgment and awarded it $155,000 for its attorney fees and costs. Concluding this situation “is a good example of why the ‘fair use’ doctrine exists,” the Ninth Circuit agreed with the trial court and affirmed there was no case of copyright infringement. Sofa Entertainment, Inc.v. Dodger Productions, Inc.  (Ninth Circuit; March 11, 2013) (Case No.’s 10-56535, 10-57071).