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SCREEN GEMS-COLUMBIA MUSIC, INC. v. MARK-FI RECORDS, INC.

No. 63 Civil 1459.

256 F.Supp. 399 (1966)

SCREEN GEMS-COLUMBIA MUSIC, INC., Travis Music Co., Sea-Lark Enterprises, Inc. and Figure Music, Inc., Plaintiffs, v. MARK-FI RECORDS, INC., Metlis & Lebow Corp., Advertising Distributors of America Incorporated, W.M.C.A., Inc., Westinghouse Broadcasting Company, Inc., Tony Alamo, Stanley Lebow and Monte Bruce, Defendants.

United States District Court S. D. New York.

July 18, 1966.

Attorney(s) appearing for the Case

Julian T. Abeles, New York City, for plaintiffs, Robert C. Osterberg, New York City, of counsel.

Burton Ritter, New York City, for defendants Metlis & Lebow Corp., Stanley Lebow and Monte Bruce.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant, Advertising Distributors of America Inc., Jacob M. Usadi, Michael J. Silverberg, New York City, of counsel.

Robinson, Silverman, Pearce, Aronsohn & Sand, New York City, for defendant WMCA, Inc., Leonard B. Sand, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant, Westing-house Broadcasting Co., Inc., Andrew L. Hughes, John D. Canoni, New York City, of counsel.

WEINFELD, District Judge.

These are motions for summary judgment by various defendants in a copyright infringement action upon the ground that as to each moving defendant there is no triable issue of fact and that each is entitled to judgment as a matter of law. The role attributed to each defendant with respect to the claimed infringement is different and each must be considered separately.

The action was brought...

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