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The Robert Stigwood Group Limited v. Sperber

Court of Appeals for the Second Circuit
457 F.2d 50 (1972)
ELI5:

Rule of Law:

The performance of songs from a dramatico-musical work in a sequence that develops the work's plot constitutes a "dramatic" performance. Such a performance infringes on the copyright holder's exclusive dramatic performance rights, even if the songs are performed without costumes, scenery, or intervening dialogue and the performer holds a license for non-dramatic performance of the individual songs.


Facts:

  • Timothy Rice and Andrew Lloyd Webber wrote the rock opera 'Jesus Christ Superstar' and assigned the rights to Leeds Music Limited.
  • Leeds Music Limited secured a U.S. copyright for the work as a 'dramatico-musical composition' and for several individual songs as 'musical compositions.'
  • The Robert Stigwood Group Limited ('Stigwood') acquired the exclusive rights for stage productions and dramatic presentations of the opera.
  • Leeds Music Corporation, an ASCAP member, was authorized to license only the 'nondramatic' performing rights for the individual songs from the opera.
  • Betty Sperber, through 'The Original American Touring Company' (OATC), produced and presented concerts.
  • OATC's concerts consisted of 20 of the 23 songs from 'Jesus Christ Superstar', performed sequentially with one exception.
  • The OATC performances did not use costumes, scenery, or intervening dialogue.
  • OATC claimed its right to perform the songs was covered by a standard ASCAP license, which grants rights for 'nondramatic' performances.

Procedural Posture:

  • The Robert Stigwood Group Limited sued Betty Sperber and The Original American Touring Company in the U.S. District Court for copyright infringement.
  • Stigwood sought a preliminary injunction to stop OATC's performances and its use of the opera's title in advertising.
  • The district court granted a limited preliminary injunction, barring OATC only from making references to 'Jesus Christ Superstar' in its advertisements, but allowed the concerts to continue.
  • Both Stigwood (as appellant-appellee) and OATC (as appellant-appellee) appealed the district court's ruling to the U.S. Court of Appeals for the Second Circuit.

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Issue:

Does a concert performance of nearly all the musical compositions from a copyrighted dramatico-musical work, presented in a sequence that substantially tells the story of the original work, constitute an infringing 'dramatic' performance outside the scope of a license for 'nondramatic' public performances?


Opinions:

Majority - Irving R. Kaufman

Yes, such a performance constitutes an infringing 'dramatic' performance. A performance is considered dramatic if it tells a story, and the sequential presentation of songs from 'Jesus Christ Superstar' preserves the plot of the original opera. The court reasoned that the sequence of the songs is the 'linchpin' in determining whether a performance is dramatic. Even without costumes, scenery, or dialogue, performing the songs in an order that follows the narrative arc of the original work is sufficient to make the performance dramatic. The court distinguished this from prior cases involving medleys of songs presented out of context, and found that OATC's performance was intended to replicate the experience of the opera, thereby infringing on Stigwood's exclusive rights.



Analysis:

This decision significantly clarifies the distinction between 'dramatic' and 'nondramatic' performance rights under copyright law, particularly for musical works derived from operas or musicals. It establishes that the narrative integrity created by the sequence of performance can transform a series of individual song performances into a singular dramatic work. This strengthens the protection for copyright holders of dramatico-musical compositions against concert-style stagings that effectively appropriate the plot and structure of the original work without obtaining the proper, more restrictive 'grand rights' license. The ruling limits the scope of ASCAP's 'small rights' licenses, preventing them from being used to present what is functionally a skeletal version of a full musical.

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