No. A85-132 Civ.

659 F.Supp. 52 (1987)

SWEET SUMMER NIGHT MUSIC; See This House Music; Buchu Music; Van Halen Music; Heroic Music; Brockman Music; Controversy Music; Hideout Records and Distributors, Inc., Plaintiffs, v. Pete AIKEN, Defendant.

United States District Court, D. Alaska.

February 9, 1987.

Attorney(s) appearing for the Case

Francis E. Smith, Jr., Guess & Rudd, Anchorage, Alaska, for plaintiffs.

Rex Lamont Butler, Anchorage, Alaska, for defendant.


KLEINFELD, District Judge.

This copyright infringement case is before the court on cross motions for summary judgment. Although various additional issues are raised in the pleadings, the cross motions have narrowed the focus of the case to whether the "juke box exemption" applies.

The juke box exemption, found at 17 U.S.C. § 116, applies only if the juke box was a "coin-operated phonorecord player." The affidavits and other...

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