Shapiro, Bernstein & Co. v. Bleeker

HALL, Chief Judge.

This Complaint for infringement of copyright asserts that defendants, as Reed’s Music Store, sold a “fake-book” which contained the right hand melody of 1,000 songs, 12 of which were copyrighted by the plaintiff.

Defendants filed a Motion for summary judgment on the ground that it does not appear that they “copied” the songs, and that the sale of the book constituted a “fair use.” Plaintiff opposed the Motion for summary judgment and filed one of its own on the ground that plaintiff is entitled to the so-called “statutory minimum” damages of $250 for each one of the…