"A number of critics, both here and abroad, have called 'The Definitive Elvis' the most important and comprehensive biographical documentary ever produced about the life of Elvis Presley. Over 99% of 'The Definitive Elvis' consists of original footage created and owned by Passport International, including over 230 interviews which Passport conducted over a two year period.
Moreover, Passport made very limited, transformative, and we think under the law, fair use of the remaining less than 1% that constitutes Plaintiff's copyrighted material. For the Estate of Elvis Presley and the other Plaintiffs to describe Passport's use of their material as 'unlawful' or 'piracy' under these circumstances is ludicrous and ignores the important First Amendment considerations present here.
Unlike Plaintiffs, Passport has no desire to litigate this in the press. Suffice it to say that Passport will be filing an appeal of the lower court's decision to the United States Court of Appeals for the Ninth Circuit, and we are confident that the Ninth Circuit will reverse the order granting the preliminary injunction."