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HARRY FOX AGENCY, INC. v. MILLS MUSIC, INC.

No. 80 Civil 6993.

543 F.Supp. 844 (1982)

The HARRY FOX AGENCY, INC., Plaintiff, v. MILLS MUSIC, INC., and Marie Snyder and Ted Snyder, Jr., d/b/a Ted Snyder Music Publishing Co., Defendants.

United States District Court, S. D. New York.

July 15, 1982.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Nat. Music Publishers Ass'n as amicus curiae; Sidney S. Rosdeitcher, Peter L. Felcher, Daniel Victor, New York City, of counsel.

Silverman & Shulman, New York City, for plaintiff; Alan Shulman, New York City, of counsel.

Parcher & Herbert, P. C., New York City, for defendant Mills Music, Inc.; Peter A. Herbert, New York City, of counsel.

Linden & Deutsch, New York City, for defendants Marie Snyder and Ted Snyder, Jr.; Frederick F. Greenman, Jr., Alvin Deutsch, Robert C. Harris, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is a case of novel impression involving the interpretation of the "derivative works exception" of the Copyright Act of 1976 (the "1976 Act") which became effective January 1, 1978. The parties to this litigation are in agreement that the material facts are undisputed; that the only issues are legal and the matter is ripe for disposition under their cross-motions for...

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