SOFA Entertainment v. Dodger Productions: is use of a seven second video clip fair use?

A seven second clip of Ed Sullivan introducing the Four Seasons on The Ed Sullivan Show was used in the musical Jersey Boys about the group.  The defendants argued that it used the clip for its historical significance.  The district court agreed and the plaintiff appealed to the Ninth Circuit Court of Appeals. The Ninth Circuit Court of Appeals first reviewed the definition of fair use. 17 U.S.C. § 107 states, “[T]he fair use of […]