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Intellectual Property
Copyright Infringement
Jersey Boys

Donna Corbello v. Thomas Gaetano DeVito

Published: Oct. 13, 2012 | Result Date: Jan. 31, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:2008-cv-00867 Summary Judgment –  Defense

Court

USDC Nevada


Attorneys

Plaintiff

Gregory H. Guillot

John L. Krieger


Defendant

Samuel S. Lionel

Daniel M. Mayeda
(Leopold, Petrich & Smith PC)


Facts

Donna Corbello was the widow and heir of Rex Woodard, who assisted Thomas Gaetano "Tommy" DeVito in writing his unpublished autobiography (hereinafter, the Work). Corbello alleged that DeVito and others wrongfully appropriated the Work to develop the book for the stage musical hit "Jersey Boys." Corbello then sued DeVito, several entities and individuals, including other founding members of the band The Four Seasons, alleging copyright infringement and several other causes of action.

Result

The Court ruled that DeVito and Corbello were 50 percent joint owners of the Work and that DeVito had granted defendants Frankie Valli and Robert Gaudio a selectively exclusive license to exploit the Work. The Court then ruled that only DeVito was potentially liable for a direct accounting. All other defendants were dismissed from the case as to all causes of action.


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