Legal Opinion

Abkco Music, Inc. And Abkco Music and Records, Inc. v. Stellar Records, Inc., and Performance Tracks, Inc.

Court of Appeals for the Second Circuit

Decided September 19, 1996No. 1137, Docket 95-7887PublishedCited by 55 opinions

1Opinion of the Court

OWEN, District Judge:

This is an appeal from an order of the District Court for the Southern District of New York (Batts, J.), entered on August 10, 1995, preliminarily enjoining defendant-appellant Performance Tracks, Inc. (“Tracks”) 2 from publishing without authority the lyrics to copyrighted songs owned by plaintiffs-appellees ABKCO Music Inc. and ABKCO Music and Records Inc. (“ABKCO”), thus prohibiting Tracks from distributing its compact discs containing the copyrighted songs. We affirm.

Although this presents a case of first impression in terms of the technology at issue, the applicable…

2Cases cited10 opinions

  1. Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
  2. Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
  3. Phyllis Shapiro and United States of America v. Cadman Towers, Inc. And Sydelle LevyCourt of Appeals for the Second Circuit · 1995
  4. Wainwright Securities Inc. v. Wall Street Transcript Corporation and Richard A. HolmanCourt of Appeals for the Second Circuit · 1977
  5. Hasbro Bradley, Inc. v. Sparkle Toys, Inc.Court of Appeals for the Second Circuit · 1985

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3Cited by55 opinions

  1. Leadsinger, Inc. v. BMG Music PublishingCourt of Appeals for the Ninth Circuit · 2008
  2. Salinger v. ColtingCourt of Appeals for the Second Circuit · 2010
  3. NXIVM Corp. v. Ross InstituteCourt of Appeals for the Second Circuit · 2004
  4. Merkos L'InyoneI Chinuch, Inc. v. Otsar Sifrei Lubavitch, Inc.Court of Appeals for the Second Circuit · 2002
  5. Zomba Enterprises, Inc. v. Panorama Records, Inc.Court of Appeals for the Sixth Circuit · 2007

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