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JOY MUSIC, INC. v. SEECO RECORDS

166 F.Supp. 549 (1958)

JOY MUSIC, INC., Hawthorne Music Corporation, Edward B. Marks Music Corporation, Edwin H. Morris & Company, Inc., Crestview Music Corp., Mayfair Music Corp., Paramount Music Corporation, Famous Music Corporation and Shapiro, Bernstein & Co., Inc., Plaintiffs, v. SEECO RECORDS, Inc., Defendant.

United States District Court S. D. New York.

October 21, 1958.

Attorney(s) appearing for the Case

Abeles & Bernstein, New York City, for plaintiffs.

Cohen & Sandomire, New York City, for defendant.

WEINFELD, District Judge.

Parties remain free to substitute private licensing agreements for the protections afforded them by section 1(e) of the Copyright Act, 17 U.S.C.A. § 1(e).1 Whether they have indeed done so is the question presented here. The parties have departed from the exact terms of the statute by varying the accounting period, lowering the royalties for several songs and dispensing with notice requirements. These mutually...

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