COLUMBIA BROADCASTING v. AM. SOC. OF COMPOSERS, ETC.

No. 69 Civ. 5740 (MEL).

483 F.Supp. 616 (1980)

COLUMBIA BROADCASTING SYSTEM, INC., Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS and PUBLISHERS, Stanley Adams, as President of American Society of Composers, Authors and Publishers, Harold Arlen, Samuel Barber, Carl Fischer, Inc., Chappell and Co., Inc., Cy Coleman, Edwin H. Morris and Co., Inc., Elkan-Vogel, Inc., Essex Music, Inc., Famous Music Corp., G. Schirmer, Inc., Morton Gould, Arthur Hamilton, Henry N. Mancini, MCA, Inc., Peter Mennin, Milene Music, Inc., Robbins Music Corporation, Richard Rodgers, Arthur Schwartz, Shapiro, Bernstein & Co., Inc., Warner Brothers-7 Arts Inc., Ned Washington, on behalf of themselves and all other members of American Society of Composers, Authors and Publishers, Broadcast Music Inc., Al Gallico Music Corp., Paul Anka, Associated Music Publishers, Inc., Jerry Bock, Duchess Music Corp., Fred Ebb, Edward B. Marks Music Corp., Norman Gimbel, Sheldon Harnic, Hill and Range Songs, Inc., Hollis Music, Inc., John Kander, Charles Koppelman, Maclen Music, Inc., Peer International Corporation, Don Rubin, Screen Gems-Columbia Music, Inc., Joseph Stein, Sunbeam Music, Inc., Unart Music Corp., on behalf of themselves and all others who have granted Broadcast Music Inc. the right to license to third parties nondramatic performing rights of their copyrighted music, Defendants.

United States District Court, S. D. New York.

January 18, 1980.


Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, for plaintiff; Alan J. Hruska, Roger H. Cummings, New York City, of counsel.

Hughes, Hubbard & Reed, New York City, for defendants Broadcast Music Inc., et al.; Robert J. Sisk, Norman C. Kleinberg, Michael E. Salzman, New York City, of counsel.


LASKER, District Judge.

Broadcast Music Inc. ("BMI") moves for a preliminary injunction ordering Columbia Broadcasing System Inc. ("CBS") to increase the payments made, pendente lite, by CBS to BMI for the use of BMI music on the CBS television network.

I.

On December 31, 1969, CBS commenced this suit against the American Society of Composers, Authors and Publishers ("ASCAP") and BMI alleging violations of §§ 1 and 2 of the Sherman Act...

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