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COHEN v. PARAMOUNT PICTURES CORP.

No. 87-6093.

845 F.2d 851 (1988)

Herbert L. COHEN, dba Bizarre Music, Co., Plaintiff-Appellant, v. PARAMOUNT PICTURES CORP., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1988.

As Amended July 22, 1988.

Attorney(s) appearing for the Case

Evan S. Cohen, Cohen and Luckenbacher, Los Angeles, Cal., for plaintiff-appellant.

Howard King, Gang, Tyre, Ramer & Brown, Inc., Los Angeles, Cal., for defendant-appellee.

Before HUG, TANG and NOONAN, Circuit Judges.

HUG, Circuit Judge:

This case involves a novel issue of copyright law: whether a license conferring the right to exhibit a film "by means of television" includes the right to distribute videocassettes of the film. We hold it does not.

FACTS

Herbert Cohen is the owner of the copyright in a musical composition entitled "Merry-Go-Round" (hereinafter "the composition"). On May 12, 1969, Cohen granted H & J Pictures, Inc., a "synchronization" license...

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