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AGEE v. PARAMOUNT COMMUNICATIONS, INC.

No. 893, Docket 94-7670.

59 F.3d 317 (1995)

Michael L. AGEE, d/b/a L & H Records, Plaintiff-Appellant, v. PARAMOUNT COMMUNICATIONS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Russell J. Frackman, Los Angeles, CA (Robert C. Welsh, Jeffrey D. Goldman, Mitchell, Silberberg & Knupp, Los Angeles, CA; John Walshe, John Walshe & Associates, New York City, on the brief), for plaintiff-appellant.

Leslie Gordon Fagen, New York City (Stuart M. Cobert, Robert A. Atkins, George E. Anhang, Paul, Weiss, Rifkind, Wharton & Garrison, on the brief), for defendants-appellees.

Frank W. Hunger, Asst. Atty. Gen., Vito J. DiPietro, Director, John Fargo, Asst. Director, Commercial Litigation Branch, U.S. Dept. of Justice, Washington, DC; Eric Schwartz, Acting Gen. Counsel, Marilyn Kretsinger, Asst. Gen. Counsel, Charlotte Douglass, Harriett Oler, U.S. Copyright Office, Library of Congress, Washington, DC, submitted a brief, for amicus curiae The Register of Copyrights.

David E. Leibowitz, Washington, DC, submitted a brief, for amicus curiae the Recording Industry Ass'n of America, Inc.

Before NEWMAN, Chief Judge, VAN GRAAFEILAND and COFFIN, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The primary issue presented by this appeal is whether incorporating a copyrighted sound recording into the soundtrack of a taped commercial television production infringes the copyright owner's exclusive right of reproduction under the Copyright Act of 1976, 17 U.S.C. §§ 106 and 114(b) (1993). We hold that it does.

Plaintiff-appellant Michael L. Agee appeals from the June 3, 1994, judgment of the District Court for the...

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