Legal Opinion
Cream Records, Incorporated v. Jos. Schlitz Brewing Company, a Wisconsin Corporation, and Benton and Bowles Incorporated, a New York Corporation
Court of Appeals for the Ninth Circuit
Decided February 25, 1985No. 83-5713PublishedCited by 45 opinions
1Per curiam
Appellant Cream sued appellees alleging that music in a TV commercial prepared by Benton and Bowles to advertise Schlitz beer infringed appellant’s copyright on a popular rhythm and blues composition, “The Theme from Shaft.”
The jury found infringement. By agreement of the parties the issue of damages was submitted to the court which awarded Cream a total of $17,000. Cream appealed.
DAMAGES
Schlitz applied to Cream for a one-year license to use the Shaft theme music in its commercial. Cream quoted a fee of $100,000. (Cream conceded at trial, and the district court found, that the market value of…
2Cases cited7 opinions
- Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- MCA, Inc. v. WilsonCourt of Appeals for the Second Circuit · 1981
- Lewis Orgel and the Michie Company v. Clark Boardman Co., Ltd., and Alfred D. JahrCourt of Appeals for the Second Circuit · 1962
- Twentieth Century-Fox Film Corp. v. StonesiferCourt of Appeals for the Ninth Circuit · 1944
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Bouchat v. Baltimore Ravens Football Club, Inc.Court of Appeals for the Fourth Circuit · 2003
- Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
- Three Boys Music Corp. v. BoltonCourt of Appeals for the Ninth Circuit · 2000
- Maljack Productions, Inc. v. Goodtimes Home Video Corp.Court of Appeals for the Ninth Circuit · 1996
- Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
40 more not listed; retrieve them via the Exa API.