ABKCO MUSIC, INC. v. HARRISONGS MUSIC, LTD.

Nos. 1273, 1430. Docket 90-9065, 90-9115.

944 F.2d 971 (1991)

ABKCO MUSIC, INC., Plaintiff-Appellant-Cross-Appellee, v. HARRISONGS MUSIC, LTD.; Harrisongs Music, Inc.; George Harrison; Apple Records, Inc.; Broadcast Music, Inc.; Hansen Publications, Inc., Defendants, Harrisongs Music, Ltd.; Harrisongs Music, Inc.; George Harrison, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 5, 1991.


Attorney(s) appearing for the Case

Gideon Cashman, New York City (Donald S. Zakarin, Charles B. McKenna, Pryor, Cashman, Sherman & Flynn, of counsel), for plaintiff-appellant-cross-appellee Abkco Music, Inc.

Joseph J. Santora, New York City (Michael S. Allen, Santora & Allen, of counsel), for defendants-appellees-cross-appellants Harrisongs Music, Inc.

Before CARDAMONE and MAHONEY, Circuit Judges, and PARKER, District Judge.


CARDAMONE, Circuit Judge:

Bright Tunes Music Corporation (Bright Tunes) held the copyright to a song entitled "He's So Fine" (HSF) composed by Ronald Mack. George Harrison, a former member of the musical group "The Beatles," had authored a song called "My Sweet Lord" (MSL). In 1971 Bright Tunes sued Harrison claiming that his song infringed the copyright of Mack's song. A trial court in 1976 agreed. Today, over 15 years later, the damages issue flowing from this infringement...

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