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BLUE PEARL MUSIC CORP. v. BRADFORD

Nos. 83-5139, 83-5237.

728 F.2d 603 (1984)

BLUE PEARL MUSIC CORPORATION, Appellee, v. Alberta BRADFORD, as Administratrix of the Estate of Alex E. Bradford, Deceased, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 5, 1984.

Attorney(s) appearing for the Case

Frederick L. Whitmer (argued), Pitney, Hardin, Kipp & Szuch, Morristown, N.J., for appellee.

Moonyene S. Jackson (argued), Montclair, N.J., Brenda J. Saunders, Irvington, N.J., for appellant.

Before GIBBONS and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a copyright infringement case that presents the question whether a court can order an infringer of a copyrighted musical work to re-create the work on pain of a contempt penalty because the copyright owner has lost all its copies of the work. Appellant Alberta Bradford is the executrix of the estate of her husband, Alex E. Bradford, who was the composer of the musical plays Your Arm's Too Short to Box...

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