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FilM Suits

The Database of Movie Lawsuits. From the Golden Age of Hollywood to the Newest Films.

Saturday Night Fever

(1977)   Tags: Paramount

Robinson v. Paramount Pictures Corp.

 

Selle v. Gibb

Saturday Night Fever 1977 film
The substance of the plaintiff’s claim is that he was defrauded into revealing his life story, upon which the movie “Saturday Night Fever” was based. He further alleges that he is entitled to compensation for the work, labor and services he provided during the filming of the movie.

Judgment: The plaintiff’s claim for punitive damages stemming from the fraud is dismissed. We do not reach the merits of the plaintiff’s demands for declaratory and injunctive relief as the plaintiff has since abandoned these causes of action.

 

Selle v. Gibb

The plaintiff, Ronald H. Selle, brought a suit against three brothers, Maurice, Robin and Barry Gibb, known collectively as the popular singing group, the Bee Gees, alleging that the Bee Gees, in their hit tune, “How Deep Is Your Love,” had infringed the copyright of his song, “Let It End.” The jury returned a verdict in plaintiff’s favor on the issue of liability in a bifurcated trial.

Selle first became aware of the Bee Gees’ song, “How Deep Is Your Love,” in May 1978 and thought that he recognized the music as his own, although the lyrics were different. He also saw the movie, “Saturday Night Fever,” the sound track of which features the song “How Deep Is Your Love,” and again recognized the music. He subsequently sued the three Gibb brothers; Paramount Pictures Corporation, which made and distributed the movie; and Phonodisc, Inc., now known as Polygram Distribution, Inc., which made and distributed the cassette tape of “How Deep Is Your Love.”

Judgment: Therefore, because the plaintiff failed both to establish a basis from which the jury could reasonably infer that the Bee Gees had access to his song and to meet his burden of proving “striking similarity” between the two compositions, the grant by the district court of the defendants’ motion for judgment notwithstanding the verdict is affirmed. Because of our doubts concerning the defendants’ cross-appeal on the denial of the summary judgment, we order that, under Fed.R.App.P. 38, each party shall bear its own costs.

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