Laura McQuade | Bloomberg Law Corbello v. Devito, No. 08-CV-00867, 2011 BL 277334 (D. Nev. Oct. 27, 2011) In an action alleging copyright infringement and failure to pay royalties in connection with the hit Broadway musical, Jersey Boys, the U.S. District Court for the District of Nevada granted in part and denied in part the parties' cross motions for summary judgment on plaintiff's claims for a declaratory judgment and an equitable accounting. In reaching its decision, the court rejected plaintiff's contention that the Ninth Circuit's decision in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008) was entirely procedural. Instead, the court held that under Sybersound, the sublicensee defendants held a selectively exclusive license to use the biography on which the play was allegedly based.
Woodard Writes the Biography of Tommy DeVito, a Founding Member of "The Four Seasons"
Woodard's Widow Brings Suit Against Creators of Jersey Boys
Joint Ownership of the DeVito Biography
The Ninth Circuit's Sybersound Decision
Surely the Ninth Circuit will clarify that it meant something like this if given the chance, and perhaps it will have the chance in the present case. In any case, this Court is confident that the Sybersound court is guilty at most of imprecise syntax or some minor equivocation, as opposed to outright copyright-law heresy.
Validity of the Valli/Gaudio and Jersey Boys Agreements
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