Apple Records, Inc. v. Capitol Records, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carro, J.
Twenty-six years ago, just before the Beatles exploded onto the musical scene and were still relatively unknown musicians, they entered into a standard form agreement with defendant EMI Records Limited (EMI), granting EMI the exclusive right to distribute Beatles’ recordings worldwide, in return for which the Beatles were to receive certain royalty *52payments. This agreement continued under a more complicated 1967 agreement.
The extent of the Beatles’ bargaining leverage increased dramatically by 1969 with their enormous musical success and impact on popular culture,…
2Cases cited13 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by126 opinions
- Carvel Corp. v. NoonanCourt of Appeals for the Second Circuit · 2003
- Ahern v. ScholzCourt of Appeals for the First Circuit · 1996
- AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Schmidt v. BishopDistrict Court, S.D. New York · 1991
- Marshall v. Hyundai Motor AmericaDistrict Court, S.D. New York · 2014
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