Leo Feist, Inc. v. American Music Roll Co.
Court of Appeals for the Third Circuit
Appeal from District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Suit in equity by Deo Eeist, Incorporated, against the American Music Roll Company. From the decree, complainant appeals.
1Opinion of the Court
McPHERSON, Circuit Judge.
This bill — which was brought by Leo Feist, Incorporated, the owner of certain copyrighted songs that had been reproduced mechanically by the American Music Roll Company — prayed for an account, an injunction, the recovery of royalties, a counsel fee, and treble damages. Royalties were recovered, but the court refused to exercise its discretion on the' subject of counsel fees and damages, holding that the plaintiff had voluntarily licensed the roll company and for that reason could in no event be advantaged by the punitive provisions of Act March 4, 1909, c. 320, 35…
2Cases cited1 opinion
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
3Cited by7 opinions
- Norbay Music, Inc. v. King Records, Inc.Court of Appeals for the Second Circuit · 1961
- G. Ricordi & Co. v. Columbia Graphophone Co.Court of Appeals for the Second Circuit · 1920
- Joy Music, Inc. v. Seeco Records, Inc.District Court, S.D. New York · 1958
- Norbay Music, Inc. v. King Records, Inc.District Court, S.D. New York · 1960
- Leo Feist, Inc. v. American Music Roll Co.District Court, E.D. Pennsylvania · 1918
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