LaSalle Music Publishers, Inc. v. Highfill

ORDER

RUSSELL G. CLARK, District Judge.

On October 1, 1985, this Court issued an order directing the plaintiffs to show cause why their complaints should not be dismissed for failure to state a claim for which relief can be granted. On October 21, 1985, the plaintiffs replied to the show cause order. The defendant’s motion to dismiss will be denied.

The essential question presented by the motion to dismiss is whether, in a copyright action, the plaintiff must plead and prove that the performance of the copyrighted work by the defendant was “for profit.” It is the plaintiffs’ position that such…