Southern Music Publishing Co. v. Seeco Records, Inc.

THOMAS F. MURPHY, District Judge.

On this motion by plaintiff for partial summary judgment only two issues are raised, the principal one being whether an alleged custom and usage in the phonograph record manufacturing industry of paying the copyright holder only for records manufactured and sold is available as a question of fact for trial in the face of a statutory right in the copyright holder for a specified royalty payment on records manufactured. In other words, has the alleged custom and usage effected a binding interpretation of the statute?

We will assume that defendant could prove on…