Legal Opinion
International Tape Manufacturers Association v. Richard Gerstein
Court of Appeals for the Fifth Circuit
Decided May 13, 1974No. 72-2883PublishedCited by 35 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
Plaintiff-appellee International Tape Manufacturers Association (“ITMA”) contends that the Florida tape piracy statute 1 is in conflict with the federal statute extending copyright protection to sound recordings 2 and thus unconstitutional under the Supremacy Clause. 3 Because the court below prematurely rushed to judgment when the record did not reveal a justiciable controversy we must remand this case for further proceedings.
Appellee is an association whose members “manufaetur[e] tape products by transferring sound recordings on phonograph records or discs with the…
2Cases cited23 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Roe v. WadeSupreme Court of the United States · 1973
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Orth-O-Vision, Inc. v. Home Box OfficeDistrict Court, S.D. New York · 1979
- Gabe Kaimowitz v. The Florida Bar, Its Agents, Employees and AssigneesCourt of Appeals for the Eleventh Circuit · 1993
- I.A. Durbin, Inc. v. Jefferson National BankCourt of Appeals for the Eleventh Circuit · 1986
- Federal Election Commission v. T. Bertram LanceCourt of Appeals for the Fifth Circuit · 1981
- Johnson v. SikesCourt of Appeals for the Eleventh Circuit · 1984
30 more not listed; retrieve them via the Exa API.