Elsmere Music, Inc. V. NBC, 482 F. Supp. 741 (S.D.N.Y. 1980), Aff’D, 623 F.2D 252 (2D

Elsmere Music, Inc. v. NBC, 482 F. Supp. 741 (S.D.N.Y. 1980), aff’d, 623 F.2d 252 (2d. Cir. 1980) (per curiam) Year 1980 Court United States District Court for the Southern District of New York Key Plaintiff Elsmere Music, Inc. alleged that defendant NBC, Inc. infringed its Facts copyright in the popular jingle I Love New York. The New York State Department of Commerce had used this song when it launched a 1977 advertising campaign to promote New York City. On May 20, 1978, NBC’s popular weekly comedy show Saturday Night Live used the song for a comedy sketch that depicted officials in the biblical city of Sodom attempting to recast its image in a more positive light by adopting a song based on I Love New York titled I Love Sodom. Issue Whether defendant’s unauthorized, allegedly satirical use of plaintiff’s advertising jingle for a comedy routine was fair use. Holding The court held that the defendant’s use of plaintiff’s jingle for satirical purposes was fair use. It determined that defendant’s sketch and version of the song clearly satirized the attempt to improve New York City’s tarnished image. The court noted that I Love Sodom was an upbeat tune intended to distract potential visitors’ attention from Sodom’s reputation for vice, just as I Love New York was intended to alter outsiders’ perceptions of New York City. The court then found that defendant’s use of the song did not interfere with plaintiff’s market. Finally, the court found that defendants did not appropriate more than was necessary for the satirical purpose of the sketch. Tags Second Circuit; Film/Audiovisual; Parody/Satire Outcome Fair use found Source: U.S. Copyright Office Fair Use Index. For more information, see http://copyright.gov/fair- use/index.html. .

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