_____________________________________________________________________________ \\\\\___ A P A C H E E L V I S ___\"-._ /////~~~tinyurl.com/elvisdefinitive~~~/.-' _____________________________________________________________________________ THE DEFINITVE ELVIS - LAW SUIT _____________________________________________________________________________ FEBRUARY 16. 2007 Elvis Presley Enterprises, SOFA Entertainment and Leiber & Stoller Awarded Significant Damages in Copyright Infringement Lawsuit against Passport International Productions Inc. and Dante Pugliese LOS ANGELES--(BUSINESS WIRE)--In what is considered a significant monetary judgment for copyright infringement lawsuits, the United States District Court in Los Angeles has awarded plaintiffs Elvis Presley Enterprises, Inc. (EPE), SOFA Entertainment, Inc. and songwriters Jerry Leiber and Mike Stoller $2.8 million in damages and attorneys fees to be paid by Passport International Productions, Inc. (a/k/a Passport Video, Inc.) and its owner, Dante Pugliese. The case began in 2002 when, without permission and against numerous express objections, Passport manufactured and sold a set of eight DVDs entitled "25th Anniversary Elvis: The Definitive Collection August 16, 1977 - August 16, 2002," otherwise entitled "The Definitive Elvis." The 16-hour set included copyrighted works and the rights of publicity owned by Plaintiffs. In reaching its decision, the Court agreed that Passport released the set with the full knowledge that Plaintiffs did not consent to the unauthorized use of their copyrighted material, and that their activities would mislead consumers and damage Plaintiffs. Passport appealed the case up to the 9th Circuit, claiming "Fair Use," arguing that the set was a documentary look at the life of Elvis Presley. The Court did not agree in a 2005 ruling, and the decision successfully delineated the limits of the Fair Use defense. 'This is a landmark decision for all of us,' stated Gary Hovey, Executive Vice President of Entertainment/Music Publishing for Elvis Presley Enterprises. 'We are delighted with the Court’s ruling, the damages awarded and the precedent it sets.' The copyrighted materials included Presley home movies owned by EPE, material from 'The Ed Sullivan Show,' and portions of 'Ed Sullivan Rock & Roll Classics 'Elvis Presley,' owned by SOFA Entertainment, a producer of movies, videos and television programs. Other unauthorized material was from the EPE owned 'The Elvis 1968 Comeback Special (a/k/a "The Singer Special,') 'Aloha From Hawaii,' and 'Elvis In Concert,' which also include songs written by Leiber & Stoller. 'It is reassuring to know that the courts have seen fit to uphold our copyrights thereby putting unscrupulous parties on notice that historic performances from ‘The Ed Sullivan Show,’ cannot be used by those who prefer to steal rather than to license,' commented Andrew Solt of SOFA Entertainment. 'We are very pleased with the court’s informed decision.' 'Jerry Leiber and Mike Stoller have always supported the ownership and protection of intellectual property,' said Randy Poe, President of Leiber & Stoller Music Publishing. 'This ruling puts on notice anyone wishing to improperly claim ‘Fair Use,’ rather than acquiring permission from the copyright owner.' George R. Hedges of Quinn Emanuel Urquhart Oliver & Hedges, LLP successfully argued the case for the Plaintiffs. About Elvis Presley Enterprises, Inc. Elvis Presley Enterprises, Inc. (EPE) is based in Memphis, with additional offices in Los Angeles. In addition to Graceland and its related attractions in Memphis, including the Heartbreak Hotel, EPE is aggressively involved in a worldwide licensing program, merchandising, music publishing, and television, film, video and Internet projects. For more information on EPE and Graceland, visit www.Elvis.com. EPE is a subsidiary of CKX, Inc., a publicly traded company listed on the NASDAQ National Market® under the ticker symbol "CKXE." Also visit www.ckx.com. About SOFA Entertainment, Inc. In 1990, Andrew Solt formed SOFA Entertainment, Inc. and purchased The Ed Sullivan Show, which had originally been broadcast on the CBS Network from 1948 to 1971. Considered the greatest variety show in television history, SOFA Entertainment re-introduced The Ed Sullivan Show to the American public. The Ed Sullivan Show is considered one of the greatest archives and music libraries in existence and benefits from the fact performances on the show were performed live. SOFA is the copyright owner of 1,075 hours of original Ed Sullivan programs as well as approximately 100 hours of 'new' programming created in the form of new television specials, home videos and cable shows for channels and networks such as CBS, Vh-1, TV Land, PBS, etc. and many broadcasters around the world. About Leiber & Stoller Leiber & Stoller are one of the most successful songwriting teams of all time. Their hits for Elvis include 'Jailhouse Rock,' 'Love Me,' 'Loving You,' 'King Creole,' and 'Hound Dog.' FROM: http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_ view&newsId=20070215005924&newsLang=en ____________________________________________________________________________ Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html Doctrine of International Copyright Law ____________________________________________________________________________