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TWENTIETH CENTURY MUSIC CORPORATION v. AIKEN

No. 73-1469.

500 F.2d 127 (1974)

TWENTIETH CENTURY MUSIC CORPORATION and Mary M. Bourne, Appellees, v. George AIKEN, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 21, 1974.

Attorney(s) appearing for the Case

William M. Wycoff, Thorp, Reed & Armstrong, Pittsburgh, Pa., Herman Finkelstein, Gen. Counsel, Bernard Korman, New York City, for appellees.

Thomas N. Dowd, William S. D'Amico, Washington, D. C., Stephen Israel, Pittsburgh, Pa., for appellant.

Melville B. Nimmer, Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., for amicus curiae Muzak Corp.

Before VAN DUSEN, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

We are concerned here with an interpretation of the Copyright Act, 17 U.S.C. § 1.1 The District Court for the Western District of Pennsylvania held2 that defendant infringed two copyrighted musical compositions by performing them at defendant's restaurant publicly for profit.

The question presented for determination may be stated as: has defendant...

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