Sailor Music v. Gap Stores, Inc.

This is an appeal from a judgment entered upon the order of Judge Lee P. Gagliardi, 516 F.Supp. 923, granting the motion for summary judgment of Sailor Music, Wow and Flutter Music, Quaekenbush Music Ltd., WB Music Corporation, Jobete Music Company, Inc., Black Bull Music, Inc., and Gladys Music and finding that The Gap Stores, Inc. had made infringing use of the music companies’ copyrighted works. Since we agree that The Gap Stores, Inc. does not come within the ambit of the exemption provided by 17 U.S.C. § 110(5),1 we affirm.

The Gap Stores, a chain of approximately 420 clothing shops,…