Claims Over 'Steve Harvey Show' Theme Song Trimmed
/We 3 Kings v. The Steve Harvey Show, No. 2:14-cv-08816-DSF-AS Document 213 (C.D. Cal. Filed 06/23/17).
California District Judge, Dale Fischer granted partial summary judgment in favor of “The Steve
Harvey Show” , in regard to all copyrights except those filed prior to We 3 Kings Inc.’s
first amended complaint. In 2014, We 3 Kings Inc., brought suit against the Steve Harvey Show, its production company, and 27 satellite broadcasting and cable companies for using its music for its second season after their license for the first season had expired. We 3 Kings Inc. is seeking $700 for each time the music was used in the show’s second season, multiplied by each of the television stations that distributed it. The damages amount to $42.3 million.
Judge Fischer stated that a copyright suit cannot be maintained if a copyright application had not been submitted to the Copyright Office prior to the filing of the complaint. Only one of the copyrights at issue were submitted prior to the filing of the first amended complaint.
The Steve Harvey Show argued that the company had an express license from We 3 Kings, Inc.
for season one of the show, and an implied license for any episodes thereafter. We 3 Kings, Inc.
refuted The Steve Harvey Show’s argument, stating that the contract was approved by We 3
Kings Inc.’s ousted president and is unenforceable. Judge Fischer stated that there are still
significant questions of material fact remaining in regards to both parties’ arguments. However,
Judge Fischer did agree with The Steve Harvey Show’s argument that the broadcasting
companies are protected from copyright liability by a statute that grants them a blanket license to air the episodes at issue because they had no input in the content of the work.
