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LERNER v. CLUB WANDER IN, INC.

Civ. A. No. 58-878.

174 F.Supp. 731 (1959)

Alan Jay LERNER et al. v. CLUB WANDER IN, INC.

United States District Court D. Massachusetts.

June 16, 1959.

Attorney(s) appearing for the Case

Walter Powers, Walter Powers, Jr., Boston, Mass., for plaintiff.

Paul F. Cotty, president, Club Wander In, Inc., pro se.

ALDRICH, District Judge.

This is an action for breach of copyright, 17 U.S.C.A. §§ 1, 101, against a Massachusetts corporation which operates an establishment that it claims to be exempt because of being a private club. I find that the musical compositions in question were played; that they were duly copyrighted; that plaintiff owns the copyrights, and that defendant had no license. Its defense is that the performance was not "publicly for profit."

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