Landmark legal victory for Elvis copyrights

By Seth Schuyler Feb 16, 2007, 23:07 GMT

Elvis impersonator EPA/MIKE BROWN

Elvis Presley has been worth much more dead than alive—certainly to those with copyrights to the King of Rock and Roll's original television, movie and filmed concert performances, provided they can enforce those rights.

In an important new Elvis citing, the United States District Court in Los Angeles on Thursday awarded $2.8 million to several Presley rights holders: Elvis Presley Enterprises, SOFA Entertainment, and songwriters Jerry Leiber and Mike Stoller, who wrote Hound Dog and other Elvis hits.

The group had filed suit against Passport Video for unauthorized use of footage and copyright violations when in 2002 the company put out a 16-hour, 8-dvd titled "25th Anniversary Elvis: The Definitive Collection."

The size of the judgment is considered substantial for a copyright infringement case. The ruling could also set a precedent at a time when Youtube, owned by Google, and other video websites on the internet provide access to numerous copyrighted entertainment videos without receiving permission.

"This is a landmark decision for all of us,"stated Gary Hovey, Executive Vice President of Entertainment/Music Publishing for Elvis Presley Enterprises. "We are delighted with the Court's ruling, the damages awarded and the precedent it sets."

"It is reassuring to know that the courts have seen fit to uphold our copyrights thereby putting unscrupulous parties on notice that historic performances from 'The Ed Sullivan Show, ' cannot be used by those who prefer to steal rather than to license," commented Andrew Solt of SOFA Entertainment. SOFA owns the library for the Sullivan show, where the King made several memorable appearances during his meteoric 1950's ascent.

The $2.8 million judgment against Passport and its owner, Dante Pugliese, are for damages and attorneys fees. Passport had argued that the "Definitive Elvis" set was a documentary look at the life of Presley, so including copyrighted footage and songs amounted to "Fair Use."   On appeal, a federal court in 2005 rejected the company's argument and set out the limits of the Fair Use defense.

"This ruling puts on notice anyone wishing to improperly claim 'Fair Use,' rather than acquiring permission from the copyright owner," declared Randy Poe, President of Leiber & Stoller Music Publishing.