<b>Decision of Note</b> Copyright License From Less than All U.S. Owners Bars Claim of Foreign Infringement

Gaudio and DeVito, along with Jersey Boys' writers and producers, had moved for summary judgment on the issue. Judge Jones found: “In short, for the purposes of an infringement action, licensing is more akin to ownership than infringement. ' And once one has been declared to be a licensee under the law of the appropriate jurisdiction, the issue is settled, and the person is a licensee for the purposes of an infringement action under the law of any other jurisdiction. Because Movants had valid licenses or sublicenses to exploit the Work under U.S. law, the foreign infringement claims fail.”

On a different issue, Judge Jones ruled the Nevada federal court could exercise personal jurisdiction over Jersey Boys Records, which has released a cast soundtrack album that is sold at the musical's Las Vegas performances. But Judge Jones found on Corbello's claim of direct infringement against the label: “The Cast Album consists mainly of Four Seasons songs, plus a few minutes of dialogue. The [DeVito autobiography] Work is a 274-page autobiography. The similarity between the two ' is negligible.”

DeVito remained a defendant in the suit, on Corbello's claims against him that include infringement, breach of contract and fraud.

The U.S. District Court for the District of Nevada decided ' in an ongoing dispute over the musical Jersey Boys ' that a license obtained from less than all the owners of a U.S. copyright is sufficient to defeat a claim for infringement of the work in a foreign country that itself requires permission from all the owners of the copyright for a license to be valid. Corbello v. DeVito, 2:08-cv-00867.

The litigation over Jersey Boys, a musical about the 1960s vocal group the Four Seasons, involves a suit by Donna Corbello, the widow of attorney/journalist Rex Woodard, who co-authored an unpublished autobiography of original Four Seasons member Tommy DeVito. DeVito granted a license to use his autobiographical materials to Four Seasons co-founders Bob Gaudio and Frankie Valli, who are behind the musical's production. (For more on the case, see, “'Jersey Boys' Case Considers Licensing of Underlying Rights,” Entertainment Law & Finance, Dec. 2011, p. 1., http://bit.ly/w17Kha.)

District Judge Robert C. Jones noted in his ruling regarding Corbello's infringement claims over performances of the musical in Australia, Canada and the United Kingdom: “The precise question presented here is whether the validity of a copyright license is more akin to ownership or infringement for the purposes of an infringement action. The answer to this question is critical, because in the U.S. a license obtained from fewer than all joint owners protects a licensee from an infringement action, i.e., such a license is valid, but in the Commonwealth countries, such a license appears to be a nullity '.”

Gaudio and DeVito, along with Jersey Boys' writers and producers, had moved for summary judgment on the issue. Judge Jones found: “In short, for the purposes of an infringement action, licensing is more akin to ownership than infringement. ' And once one has been declared to be a licensee under the law of the appropriate jurisdiction, the issue is settled, and the person is a licensee for the purposes of an infringement action under the law of any other jurisdiction. Because Movants had valid licenses or sublicenses to exploit the Work under U.S. law, the foreign infringement claims fail.”

On a different issue, Judge Jones ruled the Nevada federal court could exercise personal jurisdiction over Jersey Boys Records, which has released a cast soundtrack album that is sold at the musical's Las Vegas performances. But Judge Jones found on Corbello's claim of direct infringement against the label: “The Cast Album consists mainly of Four Seasons songs, plus a few minutes of dialogue. The [DeVito autobiography] Work is a 274-page autobiography. The similarity between the two ' is negligible.”

DeVito remained a defendant in the suit, on Corbello's claims against him that include infringement, breach of contract and fraud.