Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 8

Ethics Elvis Presley, a rock-and-roll singer, became a musical icon during a career that spanned more than twenty years, until he died at the age of 42. Many companies and individuals own copyrights to Presley’s songs, lyrics, photographs, movies, and appearances on TV shows. Millions of dollars of Elvis Presley-related copyrighted materials are sold or licensed annually.

Passport Video produced a video documentary titled The Definitive Elvis, comprising 16 one-hour episodes. The producers interviewed more than two hundred people regarding virtually all aspects of Elvis’s life. Passport sold the videos commercially for a profit. Approximately 5 to 10 percent of the videos were composed of copyrighted music and appearances of Presley on television and in movies owned by copyright holders other than Passport. Passport did not obtain permission to use those copyrighted works. Elvis Presley Enterprises, Inc., and other companies and individuals that owned copyrights to the Presley works used by Passport sued Passport for copyright infringement. Passport defended, arguing that its use of the copyrighted materials was fair use. The U.S. District Court held in favor of the plaintiff copyright holders and enjoined Passport from further distribution of its documentary videos. Passport appealed.

Did Passport act ethically in including the Elvis Presley copyrighted material in its video? Why do you think Passport Video did so? Has there been fair use in this case or copyright infringement? Elvis Presley Enterprises, Inc. v. Passport Video, 349 F.3d 622, Web 2003 U.S. App. Lexis 22775 (United States Court of Appeals for the Ninth Circuit)

Step 1 of 4

Copy Right Fair use:

Fair use of a copy righted material occurs when it is used without permission of the copy right holder under the following conditions:

1). When the article is used for a scholarly review in an article or a review.

2). When the content is copied for a news feed or for a T.V news.

3). When the content is used for a classroom teaching purpose.

4). When the content is used for parody or for a satirical publication.

5). When the content is used incidentally in a news real or a broadcast.

6). When the content is used in a judicial or legal proceeding.

Use in the above mentioned conditions does not require consent from the copy rights owner.

Facts:

EP is a renowned pop singer and literally released hundreds of songs in to the market. Many of his songs and other works are owned by various companies and they hold the copy rights for the works.

P Company prepared a series of 16 videos consisting of reviews from hundreds of people on E.P, contained bits and pieces of E.P’s songs and shows which are patented by other people.

Those companies sued P for copy rights infringement.