Big Sky Music v. Todd

CONSOLIDATED ORDER

ALAIMO, District Judge.

In these copy right infringement actions for damages and injunctive relief, the parties have agreed to a statement of the facts in which defendants effectively admit the infringement of plaintiffs’ copyrights on musical compositions. However, defendants argue that plaintiffs are estopped to assert the infringements on a theory of equitable estoppel as applied in Tempo Music, Inc. v. Myers, 407 F.2d 503 (4th Cir. 1969).

Defendant Todd owned, and defendant Bawkin operated a night club in Waycross, Georgia, where musical compositions, copyrighted by…