Shapiro, Bernstein & Co. v. Gabor

MEMORANDUM

MacMAHON, District Judge.

The question here is whether the parties have substituted private licensing agreements for the protections afforded them by Section 1(e) of the Copyright Act, 17 U.S.C.A. § 1(e). Relying on Edward B. Marks Music Corp. v. Foullon, 171 F.2d 905 (2 Cir. 1949), defendant moves to dismiss the complaint or for summary judgment, contending that plaintiffs have substituted private licensing agreements for their statutory rights and obligations.

The documents in question describe themselves as agreements and licenses and contain variations from the compulsory license…