G. Ricordi & Co. v. Columbia Graphophone Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by G. Ricordi & Co., Incorporated, against the Columbia Graphophone Company. From a decree for plaintiff, defendant appeals.
1Opinion of the Court
HOUGH, Circuit Judge (after stating the facts as above).
While nothing in the statute prevents the owners of copyrighted musical works from granting licenses by private treaty, as in other cases, it is plainly said that protection from mechanical reproduction of musió is only granted on condition of what the act itself calls “compulsory” .license; that is to say, that if the owner is willing to license anybody he must-license everybody at the statutory rate of royalty.
Infringers are those who copy without license, and it makes no difference whether the license is voluntary or compulsory,…
2Cases cited1 opinion
- Leo Feist, Inc. v. American Music Roll Co.Court of Appeals for the Third Circuit · 1918
3Cited by11 opinions
- Shapiro, Bernstein & Co. v. GoodyCourt of Appeals for the Second Circuit · 1957
- American Metropolitan Enterprises of New York, Inc. v. Warner Bros. Records, Inc.Court of Appeals for the Second Circuit · 1968
- Harms, Inc. v. Tops Music Enterprises, Inc. of CaliforniaDistrict Court, S.D. California · 1958
- Norbay Music, Inc. v. King Records, Inc.District Court, S.D. New York · 1966
- Miller v. GoodyDistrict Court, S.D. New York · 1956
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