Corbello v. DeVito
844 F. Supp. 2d 1136
D. Nev.2012Background
- Corbello, heir to Woodard, sues DeVito and others over alleged copying of the Work for Jersey Boys; court previously found joint authorship and a license chain; eight summary-judgment motions remain; the court addresses jurisdiction, licenses, and potential infringement across multiple defendants; Itar-Tass choice-of-law governs foreign infringement while U.S. law governs ownership/authorial questions; the court grants partial relief and reserves trials on several issues.
- Work created from 1981–1990 interviews and materials; Letter Agreement (1988) memorialized shared authorship and profits with DeVito retaining exclusive control over final text; Woodard died 1991; subsequent publication attempts occurred posthumously; Jersey Boys opened 2005 and a complex licensing structure exists between Valli, Gaudio, DSHT, and others.
- Court later held the Work is a joint work; Woodard and DeVito are coauthors; DeVito registered a DeVito Work in his name only, but a constructive trust for Woodard/heiress applied; Itar-Tass approach adopted for choice-of-law, applying U.S. law to ownership and foreign law to infringement when licenses are involved.
- JB Records has specific jurisdiction in Nevada; Cast Album infringements are not substantially similar to the Work under the extrinsic test; pre-production materials are not independently actionable infringements; licenses (Valli/Gaudio and Jersey Boys Agreement) were held valid and continuing; the court grants some motions and denies others, preserving trial on non-movant claims.
- The court granted Plaintiff’s motion for partial declaratory relief establishing joint authorship and constructive trust; several related claims proceed to trial; the current order finalizes several summary-judgment rulings and schedules further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction and infringement liability for JB Records | Corbello argues JB Records infringed via Cast Album and had sufficient Nevada contact. | JB Records contends no general NV jurisdiction and no substantial similarity. | NV specific jurisdiction exists; Cast Album not substantially similar; no direct infringement by JB Records. |
| Whether pre-production materials state a separate infringement | Drafts/treatments infringe the Work; actionable before final production. | Drafts are not independently infringing; fair use for private non-commercial activity; license controls. | Denied; pre-production materials not a separate infringement action; evidence may support final-productions claims. |
| Choice-of-law for ownership vs infringement (Itar-Tass) | Foreign infringement should be governed by foreign law; ownership by U.S. law. | Apply Itar-Tass approach; ownership under U.S. law, infringement under foreign law where applicable. | Adopt Itar-Tass; U.S. law governs ownership/licensing; foreign infringement claims fail due to valid U.S. licenses. |
| Validity and continuity of Valli/Gaudio license and Jersey Boys sublicense | License either terminated or did not survive to permit Jersey Boys exploitation. | License extended via merger/continuation provisions; termination notices not properly served. | License remains valid and extendable; DSHT sublicenses and Jersey Boys Agreement operate within license. |
| Joint authorship and constructive trust | Work is a joint work; Woodard co-author; DeVito’s registration misattributed authorship. | DeVito sole author; Letter Agreement not dispositive; registration was proper. | Work is a joint work; Woodard and DeVito are coauthors; constructive trust in DeVito Work for Woodard/heiress. |
Key Cases Cited
- Jada Toys, Inc. v. Mattel, Inc., 518 F.3d 628 (9th Cir. 2008) (infringement requires ownership and copying of protected elements)
- Gershwin Publ’g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159 (2d Cir. 1971) (vicarious and contributory infringement standards)
- Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984) (fair use and private noncommercial copying principles)
- Itar-Tass Russian News Agency v. Russian Kurier, Inc., 153 F.3d 82 (2d Cir. 1998) (foreign infringement issues; anti-discrimination Berne principle context for choice of law)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; genuine disputes of material fact)