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ROBERT STIGWOOD GROUP LTD. v. O'REILLY

Nos. 45, 46, 215, 850, Dockets 75-7076, 75-7077, 75-7090, 75-7091.

530 F.2d 1096 (1976)

The ROBERT STIGWOOD GROUP LIMITED et al., Plaintiffs-Appellants-Cross-Appellees, v. John T. O'REILLY et al., Defendants-Appellees-Cross-Appellants. TRACK MUSIC, INC., et al., Plaintiffs-Appellants-Cross-Appellees, v. CONTEMPORARY MISSION, INC., et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Robert C. Osterberg, New York City (Abeles Clark & Osterberg, John L. Eastman and Ina Lea Meibach, New York City, of counsel), for plaintiffs-appellants-cross-appellees.

William D. O'Reilly, Windham, N. H., for defendants-appellees-cross-appellants.

Before KAUFMAN, Chief Judge, and SMITH and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

"JESUS CHRIST SUPERSTAR" ("SUPERSTAR"), the successful rock opera, covered by copyrights, was publicly performed by the defendants without permission. They have been found to be infringers. We are the first appellate court to be asked to decide how statutory damages, 17 U.S.C. § 101(b), are to be assessed when there have been multiple unauthorized performances of an opera, several copyrights of which were "infringed" at each performance...

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