TWENTIETH CENTURY MUSIC CORP. Et Al. v. AIKEN

The question presented by this case is whether the reception of a radio broadcast of a copyrighted musical composition can constitute copyright infringement, when the copyright owner has licensed the broadcaster to perform the composition publicly for profit.

I

The respondent George Aiken owns and operates a small fast-service food shop in downtown Pittsburgh, Pa., known as “George Aiken's Chicken.” Some customers carry out the food they purchase, while others remain and eat at counters or booths. Usually the “carry-out” customers are in the restaurant for less than five minutes, and those who…