Legal Opinion
Broadcast Music, Inc. v. Xanthas, Inc., D/B/A Tac Amusement Co.
Court of Appeals for the Fifth Circuit
Decided September 20, 1988No. 87-3831PublishedCited by 52 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
In this copyright-infringement suit, a jukebox operator found guilty of willful infringement of music performance rights challenges the district court’s findings of willfulness and the number of infringements and the court’s calculation of damages. We hold that the court did not err in finding the infringements willful, but that some of the evidence proving that the defendant owned jukeboxes on which infringements took place was inadmissible hearsay and, therefore, findings of infringement based solely on this evidence cannot stand. We therefore affirm in part,…
2Cases cited10 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Ca 79-3781 United Artists Corporation and Walt Disney Productions v. Harold FreemanCourt of Appeals for the Fifth Circuit · 1979
- Moore v. United StatesSupreme Court of the United States · 1976
- Douglas v. CunninghamSupreme Court of the United States · 1935
- United States v. Luis Esteban Veytia-BravoCourt of Appeals for the Fifth Circuit · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
- Cable/Home Communication Corp. v. Network Productions, Inc.Court of Appeals for the Eleventh Circuit · 1990
- Timothy Alldread v. City of GrenadaCourt of Appeals for the Fifth Circuit · 1993
- Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.Court of Appeals for the Fifth Circuit · 1996
- Perry Moss, Jr., and Rosalind E. Moss v. Ole South Real Estate, Inc., Perry Moss, Jr., and Rosalind E. Moss v. Ole South Real Estate, Inc.Court of Appeals for the Fifth Circuit · 1991
47 more not listed; retrieve them via the Exa API.