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INTERNATIONAL TAPE MANUFACTURERS ASS'N v. GERSTEIN

No. 72-2883.

494 F.2d 25 (1974)

INTERNATIONAL TAPE MANUFACTURERS ASSOCIATION, Plaintiff-Appellee, v. Richard GERSTEIN et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 13, 1974.

Attorney(s) appearing for the Case

William J. Dunaj, Sp. Asst. Atty. Gen., Miami, Fla., for the State of Florida, Howard S. Smith, Los Angeles, Cal., for defendants-appellants.

James L. Fisk, Washington, D. C., for plaintiff-appellee.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.

THORNBERRY, Circuit Judge:

Plaintiff-appellee International Tape Manufacturers Association ("ITMA") contends that the Florida tape piracy statute1 is in conflict with the federal statute extending copyright protection to sound recordings2 and thus unconstitutional under the Supremacy Clause.3 Because the court below prematurely rushed to judgment when the record did not reveal a...

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