No. 71-1192.

412 U.S. 546 (1973)


Supreme Court of United States.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Arthur Leeds argued the cause and filed briefs for petitioners.

David M. Schacter argued the cause for respondent. With him on the briefs was Roger Arnebergh.*

Briefs of amici curiae urging affirmance were filed by Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James and Doris H. Maier, Assistant Attorneys General, and Charles P. Just, Deputy Attorney General, for the State of California; by Robert L. Shevin, Attorney General, pro se, and William J. Dunaj, Special Assistant Attorney General, for the Attorney General of Florida; by Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Daniel M. Cohen, Assistant Attorney General, for the Attorney General of New York; by J. Shane Creamer, Attorney General, for the Commonwealth of Pennsylvania; by David M. Pack, Attorney General of Tennessee; by Crawford C. Martin, Attorney General, pro se, and Charles F. Herring for the Attorney General of Texas; by Sidney A. Diamond and Ernest S. Meyers for Recording Industry Association of America, Inc.; by Paul G. Zurkowski for Information Industry Association; by Henry Kaiser, Eugene Gressman, Ronald Rosenberg, and Mortimer Becker for American Federation of Musicians et al.; and by Julian T. Abeles and Robert C. Osterberg for Harry Fox Agency, Inc.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to review petitioners' conviction under a California statute making it a criminal offense to "pirate" recordings produced by others.

In 1971, an information was filed by the State of California, charging petitioners in 140 counts with violating § 653h of the California Penal Code. The information charged that, between April 1970...

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