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CAPITOL RECORDS v. MERCURY RECORDS CORPORATION

No. 95, Docket 23215.

221 F.2d 657 (1955)

CAPITOL RECORDS, Inc., Plaintiff-Appellee, v. MERCURY RECORDS CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 12, 1955.

Attorney(s) appearing for the Case

Arthur E. Garmaize, New York City, for plaintiff-appellee.

Paul J. Kern, New York City, for defendant-appellant, Rhoda Hendrick Karpatkin, New York City, of counsel.

Before L. HAND and MEDINA, Circuit Judges, and DIMOCK, District Judge.

DIMOCK, District Judge.

Plaintiff obtained below an injunction against manufacture and distribution of phonograph records by defendant. The phonograph records bear recordings of performances by highly gifted artists of certain musical compositions. Since each party by stipulation disclaims ownership in any of the compositions by virtue of copyright, we treat them as in the public domain for the purposes of the case. Plaintiff derives its title, such as it is, from...

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