Shilkret v. Musicraft Records, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
SWAN, Circuit Judge.
This case presents an interesting question of first impression involving the interpretation of the Copyright Act of 1909. Specifically the issue is whether the owner of a musical composition copyrighted under § 11 of the Act, 17 U.S.C.A. § 11, and not later reproduced in copies for sale, can maintain an action for infringement against one who, without the owner’s consent, makes and sells phonographic records for mechanical reproduction of the copyrighted musical composition. This issue was decided adversely to the plaintiff and he has appealed.
The Copyright Act of 1909…
Also in this document: Dissent.
2Cases cited11 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Washingtonian Publishing Co. v. PearsonSupreme Court of the United States · 1939
- Spokane & Inland Empire Railroad v. United StatesSupreme Court of the United States · 1916
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3Cited by22 opinions
- Edward B. Marks Music Corporation v. Colorado Magnetics, Inc., D/B/A Sound Values, Inc.Court of Appeals for the Tenth Circuit · 1974
- State v. AvcollieSupreme Court of Connecticut · 1977
- Edward B. Marks Music Corporation v. Continental Record Company, Inc., and Remington Records, Inc.Court of Appeals for the Second Circuit · 1955
- Local Union No. 38, Sheet Metal Workers' International Association, Afl-Cio v. PelellaCourt of Appeals for the Second Circuit · 2003
- Davis v. E. I. DuPont De Nemours & Co.District Court, S.D. New York · 1965
17 more not listed; retrieve them via the Exa API.