Jacob Maxwell, Inc. v. Veeck

LEVIN H. CAMPBELL, Senior Circuit Judge:

This appeal concerns an unhappy dispute between the composer of a song entitled “Cheer! The Miracle Is Here” and a minor league baseball team, known as the Miracle, for whose promotion the song was written. After the parties’ relations turned sour, the composer sued the Miracle claiming that its playing of the song at games had been a breach of copyright. Rejecting that contention, the district court awarded summary judgment to the Miracle and ruled that the Miracle had received an oral nonexclusive license authorizing the use that it made of the…