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JONDORA MUSIC PUB. CO. v. MELODY REC., INC.

No. 74-1241.

506 F.2d 392 (1974)

JONDORA MUSIC PUBLISHING COMPANY et al., Plaintiffs-Appellants, v. MELODY RECORDINGS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided December 27, 1974.

As Amended January 16, 1975.

As Amended January 23, 1975.

Attorney(s) appearing for the Case

Sidney S. Rosdeitcher, Steven B. Rosenfeld, New York City, C. Stephen Barrett, III, Newark, N. J., for plaintiffs-appellants; Daniel J. Kornstein, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Lum, Biunno & Tompkins, Newark, N. J., of counsel.

Sheldon A. Weiss, Glauberman & Weiss, Jersey City, N. J., for appellees U. S. Tape, Inc. and George Tucker.

Hellring, Lindeman & Landau, Newark, N. J., for appellees National Cinematape, Inc., American Cartridge Recording, a division of National Communications Arts, Inc., Alexander Magosci, Jr., Davidow Gellert, Inc., Telecor Industries, Inc., Harold Davidow, Charles Gellert, Grandy, Inc., John French, Audiotape, Inc., Elias Saka, Sunshine Music Corp., Incentives, Inc., Byron Hawley, American Copyright Research, Inc., and Joseph Barone; Joel D. Siegal, Newark, N. J., of counsel; Joshua A. Kalkstein, Newark, N. J., on the brief.

Before KALODNER, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

To a schoolboy, "piracy" may mean swashbuckling adventure, lumbering merchantmen, booty, and the Jolly Roger. To a musical composer or a record manufacturer, however, piracy means not doubloons, but dollars, not cutlasses, but cut-rate losses, not the creaking of a ship under way, but the almost imperceptible hum of a reel-to-reel tape, and certainly no jollity about unauthorized copies of a musical work. We conclude...

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