Elsmere Music, Inc. v. National Broadcasting Co., 1180
Decision Date | 09 June 1980 |
Docket Number | No. 1180,D,1180 |
Citation | 623 F.2d 252 |
Parties | , 1978-81 Copr.L.Dec. 25,170, 6 Media L. Rep. 1457 ELSMERE MUSIC, INC., Plaintiff-Appellant, v. NATIONAL BROADCASTING COMPANY, Defendant-Appellee. ocket 80-7145. |
Court | U.S. Court of Appeals — Second Circuit |
Paul Siegert, New York City (Siegert & Miller, Philip R. Kaufman, New York City, on the brief), for plaintiff-appellant.
Pamela G. Ostrager, New York City (Coudert Brothers, Carleton G. Eldridge, Jr., R. David Jacobs, Corydon B. Dunham, Gen. Counsel, Jay E. Gerber, William T. Abbott, N. B. C., New York City, on the brief), for defendant-appellee.
Before FEINBERG, NEWMAN and KEARSE, Circuit Judges.
This copyright infringement suit concerns a skit, shown on the television program "Saturday Night Live," poking fun at New York City's public relations campaign and its theme song. In the four-minute skit the town fathers of Sodom discuss a plan to improve their city's image. The satire ends with the singing of "I Love Sodom" to the tune of "I Love New York." The District Court for the Southern District of New York (Gerard L. Goettel, Judge) rejected appellant's claim of copyright infringement, concluding that the parody was protected fair use. Believing that, in today's world of often unrelieved solemnity, copyright law should be hospitable to the humor of parody, and that the District Court correctly applied the doctrine of fair use, we affirm on Judge Goettel's thorough opinion. 1 482 F.Supp. 741.
1 The District Court concluded, among other things, that the parody did not make more extensive use of appellant's song than was necessary to "conjure up" the original. 482 F.Supp. at 747. While we agree with this conclusion, we note that the concept of "conjuring up" an original came into the copyright law not as a limitation on how much of an original may be used, but as a recognition that a parody frequently needs to be more than a fleeting evocation of an original in order to make its humorous point. Columbia Pictures Corp. v. National Broadcasting Co., 137 F.Supp. 348, 354 (S.D.Cal.1955). A parody is entitled at least to "conjure up" the original. Even more extensive use would still be fair use, provided the parody builds upon the original, using the original as a known element of modern culture and contributing something new for humorous effect or commentary.
To continue reading
Request your trial-
Estate of Presley v. Russen
...and literary criticism." Id. at 545. See Elsmere Music, Inc. v. National Broadcasting Co., 482 F.Supp. 741 (S.D.N.Y.), aff'd, 623 F.2d 252 (2nd Cir. 1980). Unlike a copier, a parodist or satirist adds his own new and creative touches to the original work, which, in this case, would be the l......
-
Polygram Records, Inc. v. Superior Court
...world of often unrelieved solemnity, copyright law should be hospitable to the humor of parody." (Elsmere Music, Inc. v. National Broadcasting Co. (2d Cir.1980) 623 F.2d 252, 253.) An examination of the federal cases that bear upon this point, many of which involve sexually explicit subject......
-
U.S. v. City of Yonkers
... ... YONKERS BRANCH - NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED ... v. American Nat'l Bank & Trust Co., 93 F.3d 1064, 1072 (2d Cir. 1996); Stetson v ... One William St. Fund, Inc., 343 F.2d 565, 567 (2d Cir. 1965); Rossiter v ... ...
-
Wwe v. Big Dog Holdings, Inc.
...fair use of the song, "When Sunny Gets Blue"); Elsmere Music, Inc. v. National Broadcasting Co., 482 F.Supp. 741 (S.D.N.Y.), aff'd, 623 F.2d 252 (2d Cir.1980) (finding "I Love Sodom," a Saturday Night Live parody, to be a fair use of "I Love New York"). The Big Dog graphics therefore must a......
-
The Role of Parody in Copyright: is a New Wind Blowing?
...of modern culture and contributing something new for humorous effect or commentary' Elsmere Music, Inc. v. National Broadcasting Company, 623 F.2d 252, 253 n. 1 (2d Cir. 1980)". SunTrust Two at Whether The Wind Done Gone took more than what was reasonable from Gone With the Wind, therefore,......
-
Copyright and First Amendment Law After 'The Wind Done Gone'
...of modern culture and contributing something new for humorous effect or commentary' Elsmere Music, Inc. v. National Broadcasting Company, 623 F.2d 252, 253 n. 1 (2d Cir. 1980)". SunTrust Two at Whether The Wind Done Gone took more than what was reasonable from Gone With the Wind, therefore,......
-
The Heart of the Matter: the Property Right Conferred by Copyright - Douglas Y'barbo
...WPOW, Inc. v. MRU, 584 F. Supp 132, 136 (D.D.C. 1984) (citing Elsmere Music, Inc. v. NBC, 482 F. Supp. 741, 744 (S.D.N.Y. 1980), affd, 623 F.2d 252 (2d Cir. 1980)). 199. See, e.g., Reyher v. Children's Television Workshop, 533 F.2d 87, 91 (2d Cir. 1976) ("[T]he essence of infringement lies ......
-
Appropriative Fair Use: a Suggested Approach
...a floor rather than a ceiling. See, e.g., Fisher v. Dees, 794 F.2d 432, 438-39 (9th Cir. 1986); Elsmere Music, Inc. v. Nat'l Broad. Co., 623 F.2d 252, 253 n.1 (2d Cir. 1980) ("A parody is entitled at least to 'conjure up' the original. Even more extensive use would still be fair use, provid......
-
Benched: Abortion, Terrorists, Drones, Crooks, Supreme Court, Kennedy, Nixon, Demi Moore, and Other Tales from the Life of a Federal Judge
...cert, denied, 522 U.S. 1075 (1998). [11] 163 F.3d 706, 713-17 (2d Cir. 1998). [12] Elsemere Music Inc. v. National Broadcasting Company, 623 F.2d 252 (2d Cir. 1980). [13] Ringgold v. BETV, 126 F.3d 70 (2d Cir.1997). [14] United States v. Biaggi, 909 F.2d 662 (2d Cir. 1990), cert, denied, 49......