Tams-Witmark Music Library, Inc. v. New Opera Co.
New York Court of Appeals
I. Irrespective of the validity or invalidity of plaintiff’s copyright, defendant’s agreement to pay royalties in respect of a period prior to termination of the license is enforcible. There was no failure of consideration because in fa.ct defendant received everything for which it bargained, irrespective of the validity of the copyright, and enjoyed substantial benefits under the contract. (Marston v. Swett, 66 N. Y. 206; Hyatt v. Bale Tile Mfg.
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I. Irrespective of the validity or invalidity of plaintiff’s copyright, defendant’s agreement to pay royalties in respect of a period prior to termination of the license is enforcible. There was no failure of consideration because in fa.ct defendant received everything for which it bargained, irrespective of the validity of the copyright, and enjoyed substantial benefits under the contract. (Marston v. Swett, 66 N. Y. 206; Hyatt v. Bale Tile Mfg. Go., 106 N. Y. 651, 125 U. S. 46; Farnsworth v. Boro Oil & Gas Go., 216 N. Y. 40; Palmer v. Be Witt, 47 N. Y. 532; Saltus v. Belford Go., 133 N. Y.…
1Opinion of the CourtDesmoND, J.
In 1943, plaintiff, as agent for an undisclosed , principal (who turned out to he defendant-appellant Brown) in an agreement to which we shall refer hereafter, granted to defendant New Opera a license or permit to produce the operetta “ The Merry Widow ” in New York City. That writing contained a recital that plaintiff represented “ the owners of the stage performing rights for the United States ” of the operetta, and a warranty, on behalf of the “ owner ” that it (the unnamed person) was the “ sole owner of the stage and public performing rights for the United States and Canada of the…
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- Jewelers' Mercantile Agency v. Jewelers' Weekly Publishing Co.New York Court of Appeals · 1898
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