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JEROME H. REMICK & CO. v. GENERAL ELECTRIC CO.

4 F.2d 160 (1924)

JEROME H. REMICK & CO. v. GENERAL ELECTRIC CO.

District Court, S. D. New York.

September 30, 1924.

Attorney(s) appearing for the Case

Nathan Burkan, of New York City, for plaintiff.

Charles Neave, of New York City (Merrell E. Clark, of New York City, of counsel), for defendant.

KNOX, District Judge.

Upon the question as to whether the broadcasting by radio of a copyrighted musical composition, without the consent of its proprietor, constitutes an infringement of his rights, I am of opinion that under certain circumstances such may be the fact. In other words, I can conceive of conditions under which the unauthorized broadcasting of a copyrighted musical composition will be nothing else than its public performance for profit.

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