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CORTNER v. ISRAEL

No. 598, Docket 83-7789.

732 F.2d 267 (1984)

Jack CORTNER and Jon Silberman, Plaintiffs-Appellants, v. Robert ISRAEL, Score Productions, Inc., American Broadcasting Music, Inc., and ABC Sports, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 1984.

Attorney(s) appearing for the Case

Robert C. Osterberg, New York City (Abeles, Clark & Osterberg, New York City, of counsel), for plaintiffs-appellants.

Michael J. Calvey, New York City (Peter M. Nelson, Coudert Bros., New York City, of counsel), for defendants-appellees American Broadcasting Music, Inc. and ABC Sports, Inc.

Zissu, Stein & Mosher, New York City (James Mosher, New York City, of counsel), for defendants-appellees Robert Israel and Score Productions, Inc.

Before MANSFIELD, PIERCE and WINTER, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal illustrates the confusion that can occur when lawyers indiscriminately use multiple contracts (some on standard forms) in the transfer of copyright interests without giving careful consideration to the consequences of their action. Plaintiffs-appellants, authors of an original musical work used as a broadcast theme by defendant ABC Sports, Inc. (ABC), appeal from an order of the Southern District of New York, Gerard L. Goettel...

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