Leo Feist, Inc. v. American Music Roll Co.

THOMPSON, District Judge.

The decree in this case was reversed (251 Fed. 245, - C. C. A. -), with direction to this court to exercise its discretion concerning the allowance of a reasonable counsel fee and punitive damages under section 1, clause (e), Act March 4, 1909, c. 320, 35 Stat. 1075.

The controversy in the case has been upon the question whether the use by the defendant of the plaintiff’s copyrighted musical compositions was under the compulsory license provisions of the act, as contended by the plaintiff, or under a voluntary license, as contended *861by the defendant. That question has…