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FRED AHLERT MUSIC CORP. v. WARNER/CHAPPELL MUSIC

Docket No. 97-7705.

155 F.3d 17 (1998)

FRED AHLERT MUSIC CORP., doing business as Olde Clover Leaf Music, Plaintiff-Counter-Defendant-Appellee, v. WARNER/CHAPPELL MUSIC, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 14, 1998.

Attorney(s) appearing for the Case

Robert C. Osterberg, Abelman, Frayne & Schwab, New York City, for Plaintiff-Counter-Defendant-Appellee.

Alan L. Shulman, Silverman, Shulman and Baker, P.C. (Scott L. Baker, Jonathan J. Ross, on the brief), New York City, for Defendant-Counter-Claimant-Appellant.

Frederick F. Greenman, Deutsch, Klagsbrun & Blasband (Alvin Deutsch, Kay Murray, on the brief), New York City, for Amici Curiae The Songwriters Guild of America and The Authors Guild, Inc.

Before: VAN GRAAFEILAND, WALKER, Circuit Judges, and RAKOFF, District Judge.

JOHN M. WALKER, Jr., Circuit Judge:

This appeal requires us to consider the scope of the "Derivative Works Exception" of the Copyright Act of 1976, 17 U.S.C. § 304(c)(6)(A). The Copyright Act of 1976 ("the 1976 Act") expanded the rights of authors and their heirs by automatically extending the life of their copyrights by 19 years, for a total of 75 years, see 17 U.S.C. §§ 304(a)-(b), and by allowing authors (or, if the authors are deceased, their...

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