HERBERT v. SHANLEY CO.

Nos. 427, 433.

242 U.S. 591 (1917)

HERBERT ET AL. v. THE SHANLEY COMPANY. JOHN CHURCH COMPANY v. HILLIARD HOTEL COMPANY ET AL.

Supreme Court of United States.

Decided January 22, 1917.


Attorney(s) appearing for the Case

Mr. Nathan Burkan, with whom Mr. Wm. J. Hughes was on the brief, for petitioners in No. 427.

Mr. Louis J. Vorhaus, with whom Mr. Moses H. Grossman and Mr. William Grossman were on the brief, for petitioner in No. 433.

Mr. Levi Cooke, with whom Mr. A.S. Gilbert and Mr. Francis Gilbert were on the brief, for respondent in No. 427.

Mr. Charles J. Campbell, with whom Mr. Frank A.K. Boland and Mr. Levi Cooke were on the brief, for respondents in No. 433.


MR. JUSTICE HOLMES delivered the opinion of the court.

These two cases present the same question: whether the performance of a copyrighted musical composition in a restaurant or hotel without charge for admission to hear it infringes the exclusive right of the owner of the copyright to perform the work publicly for profit. Act of March 4, 1909, c. 320, § 1 (e), 35 Stat. 1075. The last numbered case was decided before...

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