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Elsmere Music, Inc. v. National Broadcasting Co.
United States District Court for the Southern District of New York
482 F. Supp. 741 (1980)
Elsmere Music, Inc. wrote a song for the New York State Department of Commerce entitled “I Love New York” that became the theme for an extensive advertising campaign intended to promote the New York City tourist trade. The success of the campaign did not go unnoticed, because the popular show Saturday Night Live (SNL) used the song in a comedic sketch that aired over National Broadcasting Co.’s (NBC) (defendant) network. The sketch 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” entitled “I Love Sodom.” Elsmere sued NBC for copyright infringement.
Rule of Law
Holding and Reasoning (Goettel, J.)
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