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GERSHWIN PUBLISHING CORP. v. COLUMBIA ARTISTS MAN., INC.

No. 606, Docket 35260.

443 F.2d 1159 (1971)

GERSHWIN PUBLISHING CORPORATION, Plaintiff-Appellee, v. COLUMBIA ARTISTS MANAGEMENT, INC., Defendant-Appellant, and Community Concerts, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided May 24, 1971.

Attorney(s) appearing for the Case

Stephen Sayre Singer, New York City (Coudert Brothers and Carleton G. Eldridge, Jr., New York City, on the brief), for defendant-appellant.

Herman Finkelstein, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison and Jay H. Topkis, and Cameron Clark, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, ANDERSON, Circuit Judge, and LEVET, District Judge.

ANDERSON, Circuit Judge:

The American Society of Composers, Authors, and Publishers (ASCAP) brought this copyright infringement action against Columbia Artists Management, Inc. (CAMI) to determine whether CAMI is liable for and can be compelled to pay license fees when musical compositions in the ASCAP repertory are performed at concerts sponsored by local community concert associations promoted by CAMI. In this test litigation CAMI concedes that on January 9, 1965...

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