SOFA Entertainment, Inc. v. Dodger Productions, Inc.

This is a copyright infringement suit over a seven-second clip of Ed Sullivan’s introduction of the Four Seasons on The Ed Sullivan Show. Appellees Dodger Productions, Inc. and Dodger Theatricals, Ltd. (collectively “Dodger”) used the clip in their musical about the Four Seasons, Jersey Boys, to mark a historical point in the band’s career.

Appellant SOFA Entertainment, Inc. (“SOFA”) claims Dodger infringed its copyright in the clip and cannot justify its unlicensed use of the clip as “fair use.” SOFA is mistaken. By using the clip for its biographical significance, Dodger has imbued it with new meaning and did so without usurping whatever demand there is for the original clip. Dodger is entitled to prevail on its fair use defense as a matter of law and to retain the attorneys’ fees award granted by the district court.

I

A.

SOFA owns copyright in a library of film, television, and other media, which it licenses for a fee. SOFA’s library includes the entire run of The Ed Sullivan Show, which lasted from 1948 until 1971. The show’s longevity was due to Sullivan’s talent for spotting talent. At issue in this appeal is a seven-second clip from the January 2, 1966, episode…