Jersey Boys lawsuit revived after appeals

The 9th U.S. Circuit Court of Appeals revived an intellectual property lawsuit early this week over the musical Jersey Boys, which is based on the lives of The Four Seasons band members.

In 2011 Donna Corbello sued Frankie Valli and Bob Gaudio for copyright infringement, claiming the musical Jersey Boys was based in part on an unpublished autobiography that her late husband had been commissioned to ghost write in the late 1980s. The husband, Rex Woodward, had been contacted by Thomas Devito, an original member of the band, to write the book. Before the book could be published Woodward passed away, and soon after DeVito and a bandmate granted exclusive rights to their other bandmates Valli and Gaudio to use all four of their lives to develop a stage musical about The Four Seasons.

In 2005, just before Jersey Boys made its Broadway premiere, Donna Corbello once again tried to publish her late husband's work. When she was told by Thomas DeVito that the book was no longer saleable she decided to sue, claiming in district court the musical was a "derivative work" of the autobiography, which meant she had a right to some of the profits. The judge in the case at the time did not agree, but on Tuesday the 9th Circuit reversed his decision, believing that, according to The Hollywood Reporter, the fact that "DeVito made an exclusive deal with his ghostwriter and then made another deal covering the same rights with producers of Jersey Boys," precludes summary judgment.

DeVito's attorney has thus far declined a request for comment from Billboard.

Intellectual property law is complex and can often results in unforeseen legal troubles. If you work with copyrighted material make sure to consult an experienced business attorney who can protect your rights.

Categorised in: Intellectual Property Law

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