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NORBAY MUSIC, INC. v. KING RECORDS, INC.

No. 261, Docket 26552.

290 F.2d 617 (1961)

NORBAY MUSIC, INC., Plaintiff-Appellant, v. KING RECORDS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Walter Hofer, New York City, for plaintiff-appellant.

Jack Pearl, New York City (Stuart Sprague, New York City, on the brief), for defendant-appellee.

Julian T. Abeles, New York City, for Music Publishers' Protective Ass'n, Inc., amicus curiae.

Morris Ebenstein, New York City (Johanan Vigoda, New York City, on the brief), for Chappell & Co., Inc., amicus curiae.

Before CLARK, MEDINA and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff Norbay Music, Inc., appeals from a summary judgment granted defendant King Records, Inc., in an action for infringement of plaintiff's copyrighted musical composition. Plaintiff, a music publisher, copyrighted the musical composition "Slow Walk" in 1956, and on October 2, 1956, licensed Mercury Records to manufacture and distribute phonograph records of it. Shortly thereafter, defendant recorded this same composition without first obtaining...

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