Once in the past, when the city of New York teetered on the brink of bankruptcy, on

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Once in the past, when the city of New York teetered on the brink of bankruptcy, on the television screens of America there appeared an image of a top-hatted Broadway showgirl, backed by an advancing phalanx of dancers, chanting “I-I-I-I-I-I Love New Yo-o-o-o-o-o-o-rk.” As an ad campaign for an ailing city, it was an unparalleled success. Crucial to the campaign was a brief but exhilarating musical theme written by Steve Karmin called “I Love New York.” Elsmere Music, Inc., owned the copyright to the music. The success of the campaign did not go unnoticed. The popular weekly variety program Saturday Night Live (SNL) performed a comedy sketch over National Broadcasting Company’s network (NBC). In the sketch, the cast of SNL, portraying the mayor and members of the chamber of commerce of the biblical city of Sodom, were seen discussing Sodom’s poor public image with out-of-towners and its effect on the tourist trade. In an attempt to recast Sodom’s image in a more positive light, a new advertising campaign was revealed, with the highlight of the campaign being a song “I Love Sodom” sung a cappella by a chorus line of SNL regulars to the tune of “I Love New York.” Elsmere Music did not see the humor of the sketch and sued NBC for copyright infringement. Who wins? Did SNL act ethically in parodying the “I Love New York” campaign? Elsmere Music, Inc. v. National Broadcasting Co., Inc., 623 F.2d 252, Web 1980 U.S. App. Lexis 16820 (United States Court of Appeals for the Second Circuit)

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