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HEILMAN v. BELL

No. 77-1968.

583 F.2d 373 (1978)

David L. HEILMAN, and E-C Tape Service, Inc., a Wisconsin Corporation, Plaintiffs-Appellants, v. Griffin B. BELL, Attorney General of the United States of America, his agents, servants, employees, attorneys, successors and all those persons in active concert of participation with them, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1978.

Rehearing and Rehearing Denied October 5, 1978.

Attorney(s) appearing for the Case

Bruce F. Ehlke, Madison, Wis., for plaintiffs-appellants.

William E. Callahan, Jr., Asst. U.S. Atty., Milwaukee, Wis., for defendants-appellees.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and SWYGERT, Circuit Judge.

Rehearing and Rehearing In Banc Denied October 5, 1978.

CASTLE, Senior Circuit Judge.

This appeal presents to this court for the first time an issue which has already been decided by four other circuits: whether the compulsory license provision of the Copyright Act of 1909 can be used to prevent tape duplication of musical recordings. The district court followed the result reached by all of the other circuit courts and by several federal district courts in...

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