Jack Cortner and Jon Silberman v. Robert Israel, Score Productions, Inc., American Broadcasting Music, Inc., and Abc Sports, Inc.

I concur fully in the majority opinion and write separately only to address the following point.

The district court made an express determination, albeit reduced to a footnote, that “the 1909 Act governs this lawsuit because the 1976 Copyright Act did not take effect until January 1, 1978.” Cortner v. Israel, 568 F.Supp. 1217, 1218 n. 3 (S.D.N.Y.1983). The district court could have resolved the standing issue without deciding whether the 1909 Act or the 1976 Act applied. Since the district court did make this distinction, it is appropriate for this court to explain why we disagree with the…