INTERSONG-USA v. CBS, INC.

No. 84 Civ. 0998(JFK).

757 F.Supp. 274 (1991)

INTERSONG-USA and Enrique H. Chia, Plaintiffs, v. CBS, INC., SBK April Music, Inc., SBK April Music Holland B.V., Sunny Pop Songs, B.V., Julio Iglesias, Gianni Belfiore, Mario Balducci, Ramon Arcusa, CBS Grammofoonplatten, B.V., Amoretta Investments N.V., Serenade Investments, B.V. Pops Songs, Parcs Corporation N.V., Promal Films, Bel Bel Music, and CBS Records Inc., Defendants.

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

February 13, 1991.


Attorney(s) appearing for the Case

Deutsch, Klagsbrun & Blasband, New York City (David Blasband, Jessica Friedman, of counsel), for plaintiffs.

Weil, Gotshal & Manges, New York City (Robert G. Sugarman, Robin E. Silverman, Ann E. Dibble, Joseph P. Salvo, of counsel), for defendants.

Gail I. Edwin, New York City, for CBS Records Inc.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEENAN, District Judge:

This is an interesting and well-tried action for copyright infringement pursuant to the Copyright Act of 1976, 17 U.S.C. Sections 101, et seq. Plaintiffs Enrique Chia ("Chia") and his publisher, Intersong-USA Inc. ("Intersong"), allege that the melody of the song "Hey," which was initially recorded by Julio Iglesias ("Iglesias") in late 1979, was copied from Mr. Chia's song "Es."

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