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FAME PUBLISHING CO., INC. v. ALABAMA CUSTOM TAPE, INC.

No. 74-1200.

507 F.2d 667 (1975)

FAME PUBLISHING CO., INC., et al., Plaintiffs-Appellees, v. ALABAMA CUSTOM TAPE, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 31, 1975.

Attorney(s) appearing for the Case

F. Dulin Kelly, Hendersonville, Tenn., Robert L. Estes, Nashville, Tenn., for defendants-appellants.

W. Michael Atchison, Birmingham, Ala., John S. Clark, New York City, Arnold Teks, Florence, Ala., Sidney S. Rosdeitcher, Steven B. Rosenfeld, New York City, for plaintiffs-appellees.

Before GODBOLD and MORGAN, Circuit Judges, and BOOTLE, District Judge.

LEWIS R. MORGAN, Circuit Judge.

Although defendants-appellants are popularly known as "tape pirates" they could more accurately be described as "tape parasites." When it becomes apparent that a recording of a composition copyrighted by one of plaintiffs-appellees is destined to become a "hit," appellants purchase a copy of the recording, reproduce it hundreds of thousands or millions of times, and sell the copies to the public. While most record producers face substantial...

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