ELVIS PRESLEY ENTERPRISES, INC. v. PASSPORT VIDEO

No. 02-57011.

349 F.3d 622 (2003)

ELVIS PRESLEY ENTERPRISES, INC., a Tennessee Corporation; National Bank of Commerce, trustee of the Promenade Trust; Sofa Entertainment, Inc., a California corporation; Jane Meadows Allen, trustee of the Allen Family Revocable Living Trust; Jerry Leiber, individually dba Jerry Leiber Music; Mike Stoller, individually dba Mike Stoller Music; Julian J. Aberbach, an individual; Alfred Wertheimer, an individual, Plaintiffs-Appellees, v. PASSPORT VIDEO, a business of unknown form and origin; Passport International Productions, Inc., a California Corporation; Passport International Productions of California, Inc., a California Corporation; Dante J. Pugliese, an individual, Defendants-Appellants, and Does, 1 Through 10, inclusive; Passport Entertainment, a California Corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2003.


Attorney(s) appearing for the Case

Michael R. Blaha, Santa Monica, CA, for the defendants-appellants.

George R. Hedges and Kristen Bird, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, for the plaintiffs-appellees.

Before JOHN T. NOONAN, RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.


Argued and Submitted August 8, 2003 — Pasadena, California.

Opinion by Judge TALLMAN; Dissent by Judge NOONAN

OPINION

TALLMAN, Circuit Judge:

The King is dead. His legacy, and those who wish to profit from it, remain very much alive. To what extent may a film maker, under the banner of "fair use," incorporate video clips, photographs, and music into a biography about Elvis Presley without permission from the copyright owners of those...

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