SAN FRANCISCO — A federal appeals court ruled Monday that the makers of the Broadway musical “Jersey Boys” did not violate copyright law by using a short clip from “The Ed Sullivan Show” in the Tony-winning show.
A three-judge panel of the U.S. 9th Circuit Court of Appeals decided unanimously that the holder of the copyright of “The Ed Sullivan Show” should reimburse the “Jersey Boys” producers for their legal costs in defending against the copyright lawsuit.
The panel’s decision upheld a district judge’s ruling. “Jersey Boys,” which dramatized the history of the band the Four Seasons, used a seven-second clip at the end of the first act from a 1996 show of Sullivan introducing the band.
SOFA Entertainment Inc., which holds the copyright to the long-running, variety TV show, sued Dodger Productions Inc. for using the segment without authorization.