FRED AHLERT MUSIC CORP. v. WARNER/CHAPPELL MUSIC, INC.

No. 96 Civ. 0985 (HB).

958 F.Supp. 170 (1997)

FRED AHLERT MUSIC CORP., d/b/a Olde Clover Leaf Music, Plaintiff, v. WARNER/CHAPPELL MUSIC, INC., Defendant.

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

April 14, 1997.


Attorney(s) appearing for the Case

Robert C. Osterberg, Abelman, Frayne & Schwab, New York City, for Plaintiff.

Eugene L. Girden, Victor Rivera, Shukat, Arrow, Hafter & Weber, L.L.P., New York City, for Defendant.

Frederick F. Greenman, Deutsch, Klagsbrun & Blasband, New York City, for Amici Curiae, The Songwriters Guild of America and The Authors Guild, Inc.


BAER, District Judge.

In this case, the parties agree that there exists no factual dispute and that the case simply involves questions of law as to the scope of an exception under the extended renewal terms added to the Copyright law in 1976 (17 U.S.C. § 304) and thus both move for summary judgment. Plaintiff seeks declaratory and monetary relief, and defendant cross-claims for similar relief. For the reasons stated below, plaintiff's motion for summary judgment...

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