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COLA. BROADCAST. SYS., INC. v. CUSTOM REC. CO.

19430

258 S.C. 465 (1972)

189 S.E.2d 305

COLUMBIA BROADCASTING SYSTEM, INC., Appellant, v. CUSTOM RECORDING COMPANY, Inc., et al., Respondents.

Supreme Court of South Carolina.

May 29, 1972.

Attorney(s) appearing for the Case

Messrs. Lybrand, Rich & Cain, and James E. Austin, of Aiken, and McKay, Sherrill, Walker, Townsend & Wilkins, of Columbia, for Appellant.

Messrs. Toole & Toole, of Aiken, Bryant, Fanning & Yarborough, of Orangeburg, Levine, Goodman & Murchison, and Richards & Shefte, of Charlotte, N.C., for Respondents.

May 29, 1972.

LITTLEJOHN, Justice.

Columbia Broadcasting System, Inc., ("CBS") sought to enjoin defendants' "pirating" or appropriating performances embodied in phonograph recordings manufactured by its Columbia Records Division. In the recording industry this practice is known as ("disklegging"). The lower court declined to grant a temporary injunction and CBS has appealed.

CBS, in its complaint filed in...

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