Legal Opinion

Joy Music, Inc. v. Seeco Records, Inc.

District Court, S.D. New York

Decided October 21, 1958PublishedCited by 6 opinions

1Opinion of the Court

WEINFELD, District Judge.

Parties remain free to substitute private licensing agreements for the protections afforded them by section 1(e) of the Copyright Act, 17 U.S.C.A. § 1(e). 1 Whether they have indeed done so is the question presented here. The parties have departed from the exact terms of the statute by varying the accounting period, lowering the royalties for several songs and dispensing with notice requirements. These mutually convenient variations, however, are not sufficient to support the contention that theirs was a private licensing agreement enforceable in state courts only.…

2Cases cited2 opinions

  1. Edward B. Marks Music Corporation v. FoullonCourt of Appeals for the Second Circuit · 1949
  2. Leo Feist, Inc. v. American Music Roll Co.Court of Appeals for the Third Circuit · 1918

3Cited by6 opinions

  1. T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
  2. Simon & Flynn, Inc. v. Time IncorporatedCourt of Appeals for the Second Circuit · 1975
  3. Harry Fox Agency, Inc. v. Mills Music, Inc.District Court, S.D. New York · 1982
  4. Harry Fox Agency, Inc. v. Mills Music, Inc., and Marie Snyder and Ted Snyder, Jr. D/B/A Ted Snyder Music Publishing Co.Court of Appeals for the Second Circuit · 1983
  5. Maxey v. R. L. Bryan Co., Inc.Court of Appeals of South Carolina · 1988

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