Legal Opinion
Tempo Music, Inc., Robbins Music Corporation, Remick Music Corporation, and Mills Music, Inc. v. James D. Myers
Court of Appeals for the Fourth Circuit
Decided February 27, 1969No. 12679PublishedCited by 37 opinions
1Opinion of the Court
CRAVEN, Circuit Judge:
Because the Showmen Four “Combo” played four popular songs for the enjoyment of patrons of the Gold Leaf Supper Club, Proprietor James D. Myers found himself mulcted in damages-, $250 for the performance of each song, plus an award of $1,000 as counsel fees. To prevent what seems to us manifest injustice, we reverse and remand with instructions to dismiss the complaint.
Although “[cjases involving popular songs are often baffling, particularly where the proof of copying rests on circumstantial evidence consisting primarily of similarities between the songs,” 18 Am.Jur.2d…
2Cases cited15 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
- K-91, Inc. v. Gershwin Publishing CorporationCourt of Appeals for the Ninth Circuit · 1967
- Wihtol v. CrowCourt of Appeals for the Eighth Circuit · 1962
- United States v. Swift & CompanyDistrict Court, N.D. Illinois · 1960
10 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Fitzgerald Publishing Co., Inc. v. Baylor Publishing Co., Inc.Court of Appeals for the Second Circuit · 1986
- Mitchell Brothers Film Group and Jartech, Inc. v. Cinema Adult Theater, A/K/A Cinema 69Court of Appeals for the Fifth Circuit · 1979
- Service & Training, Incorporated Robert J. Montgomery v. Data General Corporation Data General Services, IncorporatedCourt of Appeals for the Fourth Circuit · 1992
- Costello Publishing Co. v. John E. Rotelle, O. S. A. Costello Publishing Co., Inc. v. John E. Rotelle, O. S. A., Episcopal Conference of AustraliaCourt of Appeals for the D.C. Circuit · 1981
- Famous Music Corp. v. Bay State Harness Horse Racing and Breeding Association, Inc.Court of Appeals for the First Circuit · 1977
32 more not listed; retrieve them via the Exa API.