Legal Opinion

Herbert v. Shanley Co.

Supreme Court of the United States

Decided January 10, 1917No. Nos. 427 and 433PublishedCited by 87 opinions

CERTIORARI TO , THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The cases are stated in the opinion. In support of the proposition that the performance was “for profit,” see the opinion of Lacombe, J., sitting in the District Court in John Church Co. v. Hilliard Hotel Co., 221 Fed. Rep. 229; Sarpy v. Holland, 99 Law Times, 317; Weistblatt v. Bingham, 58 Misc. (N. Y.) 328; Wall v. Taylor, Wall v. Martin, 52 L. J. Q. B. (n. s.

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CERTIORARI TO , THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The cases are stated in the opinion. In support of the proposition that the performance was “for profit,” see the opinion of Lacombe, J., sitting in the District Court in John Church Co. v. Hilliard Hotel Co., 221 Fed. Rep. 229; Sarpy v. Holland, 99 Law Times, 317; Weistblatt v. Bingham, 58 Misc. (N. Y.) 328; Wall v. Taylor, Wall v. Martin, 52 L. J. Q. B. (n. s. Pt. 2), 558, 559; and Pierce v. Milwaukee & St. Paul R. R. Co., 23 Wisconsin, 387. Section 28 of the Copyright Law specifies in what instances musical works may be…

1Opinion of the CourtJustice Holmes

These two cases present the same question: whether the performance of a copyrighted musical composition in a restaurant or hotel without charge for admission to hear it infringes the exclusive right of the owner of the copyright to perform the work publicly for profit. Act of March 4, 1909, c. 320, § 1 (e), 35 Stat. 1075. The last numbered case was decided before the other and may be stated first. The plaintiff owns the copyright of a lyric comedy in which is a march called “From Maine to Oregon.” It took out a separate copyright for the march and published it separately. The defendant hotel…

2Cases cited2 opinions

  1. Herbert v. Shanley Co.Court of Appeals for the Second Circuit · 1916
  2. John Church Co. v. Hilliard Hotel Co.Court of Appeals for the Second Circuit · 1915

3Cited by87 opinions

  1. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  2. TWENTIETH CENTURY MUSIC CORP. Et Al. v. AIKENSupreme Court of the United States · 1975
  3. Buck v. Jewell-LaSalle Realty Co.Supreme Court of the United States · 1931
  4. Hexter Title & Abstract Co. v. Grievance CommitteeTexas Supreme Court · 1944
  5. Waring v. WDAS Broadcasting Station, Inc.Supreme Court of Pennsylvania · 1937

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