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SHILKRET v. MUSICRAFT RECORDS

No. 22.

131 F.2d 929 (1942)

SHILKRET v. MUSICRAFT RECORDS, Inc.

Circuit Court of Appeals, Second Circuit.

December 9, 1942.

Attorney(s) appearing for the Case

Philip Isaacs, of New York City (Herbert M. Karp and Leopold V. Eastman, both of New York City, of counsel), for appellant.

Sabin, Pomerance, Snitow & Puner, of New York City (Charles Snitow and Robert Pomerance, both of New York City, of counsel), for appellee.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman, of New York City, of counsel), for Song Writers Protective Ass'n, amicus curiae.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This case presents an interesting question of first impression involving the interpretation of the Copyright Act of 1909. Specifically the issue is whether the owner of a musical composition copyrighted under § 11 of the Act, 17 U.S.C.A. § 11, and not later reproduced in copies for sale, can maintain an action for infringement against one who, without the owner's consent, makes and sells phonographic records for mechanical reproduction...

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