Legal Opinion

Shapiro, Bernstein & Co. v. Remington Records, Inc.

Court of Appeals for the Second Circuit

Decided April 3, 1959No. 86, Docket 25216PublishedCited by 29 opinions

1Opinion of the Court

BURGER,* Circuit Judges.

Four different plaintiffs, all music publishers, brought suit against Donald H. Gabor and Remington Records, Inc. Gabor and his wife own all the stock of Remington, a phonograph record manufacturer and distributor.1 These actions were brought under the provisions of the Copyright Act (Title 17 U.S.C. § 1 et seq., and 28 U.S.C. § 1338) relating to the compulsory licensing of phonograph records. The claims of all four plaintiffs are based on substantially the same conduct on the part of the defendants. The complaints charged that defendants had infringed copyrights of…

2Cases cited8 opinions

  1. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
  2. Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co.Supreme Court of the United States · 1942
  3. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  4. Palmer v. Connecticut Railway & Lighting Co.Supreme Court of the United States · 1941
  5. Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946

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3Cited by29 opinions

  1. Louis Gaste and Les Editions Louis Gaste v. Morris Kaiserman A/K/A Morris Albert, and Fermata International Melodies, Inc.Court of Appeals for the Second Circuit · 1988
  2. Litton Systems, Inc., Litton Business Telephone Systems, Inc., Litton Business Systems, Inc., and Litton Industries Credit Corporation, Plaintiffs-Appellees- Cross v. American Telephone and Telegraph Company, Western Electric Company, Inc., Bell Telephone Laboratories, Inc., New York Telephone Company, Inc., New Jersey Bell Telephone Company, Southern Bell Telephone and Telegraph Company, the Ohio Bell Telephone Company, Southwestern Bell Telephone Company, the Pacific Telephone and Telegraph Company, and Pacific Northwest Bell Telephone Company, Defendants-Appellants-Cross Litton Systems, Inc. v. Southwestern Bell Telephone CompanyCourt of Appeals for the Second Circuit · 1983
  3. Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Edward B. Marks Music Corporation v. Colorado Magnetics, Inc., D/B/A Sound Values, Inc.Court of Appeals for the Tenth Circuit · 1974
  5. Shapiro, Bernstein & Co. v. Continental Record Co.Court of Appeals for the Second Circuit · 1967

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