Legal Opinion
ABKCO Music, Inc. v. Westminster Music, Ltd.
District Court, S.D. New York
Decided December 2, 1993No. 91 Civ. 2155 (LBS)PublishedCited by 2 opinions
1Opinion of the Court
OPINION
SAND, District Judge.
By oral opinion delivered November 29, 1993, we denied plaintiff’s request for a jury instruction on the law regarding a licensee’s exploitation of a publishing license through newly developed technologies that were not in existence at the time the licensing contract was written. We write now to clarify our reasoning on this significant issue, as to which the law in the Second Circuit is unsettled.
The issue arose at trial of a dispute between two music publishing companies over the scope of subpublishing rights granted in 1966 in certain songs by the Rolling Stones…
2Cases cited9 opinions
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Irene Bartsch v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Second Circuit · 1968
- Herbert L. Cohen, Dba Bizarre Music, Co. v. Paramount Pictures Corp., a CorporationCourt of Appeals for the Ninth Circuit · 1988
- Margret Rey v. Richard G.D. Lafferty, Margret Rey v. Richard G.D. LaffertyCourt of Appeals for the First Circuit · 1993
- Rooney v. Columbia Pictures Industries, Inc.District Court, S.D. New York · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. JonesDistrict Court, E.D. Michigan · 1995
- Fred Ahlert Music Corp. v. Warner/Chappell Music, Inc.District Court, S.D. New York · 1997