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SHAPIRO, BERNSTEIN & CO. v. CONTINENTAL RECORD CO.

Nos. 199, 200, Dockets 31713, 31714.

386 F.2d 426 (1967)

SHAPIRO, BERNSTEIN & CO., Inc., Bourne, Inc., Leeds Music Corporation, Pickwick Music Corporation, Southern Music Publishing Co., Inc., Peer International Corporation, Cedarwood Publishing Co., Inc., Mary A. Bowman, Joy Music, Inc., Sunbeam Music Corporation and Laurel Music Corporation, Plaintiffs-Appellants, v. CONTINENTAL RECORD CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 28, 1967.

Attorney(s) appearing for the Case

Robert C. Osterberg, New York City (Julian T. Abeles, New York City, on the brief), for plaintiffs-appellants.

No appearance for defendant-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and FEINBERG, Circuit Judges.

PER CURIAM:

Plaintiffs, eleven music publishers, brought suit in November 1964 against defendant, a New York corporation manufacturing phonograph records, for unauthorized use of copyrighted musical work. In December 1964, defendant's answer admitted that it had used the works in question, and that license agreements did exist; however, it denied that any royalties were due and owing. In April 1966, an order was entered in a companion case1

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