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ABKCO MUSIC, INC. v. LAVERE

No. 98-56145.

217 F.3d 684 (2000)

ABKCO MUSIC, INC., Plaintiff-counter-defendant-Appellee, v. Stephen LAVERE, as an individual, dba King of Spades Music; Delta Haze, Inc., in its corporate capacity, dba King of Spades Music; Mimosa Records Productions, Inc., in its corporate capacity, dba King of Spades Music, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2000.

Attorney(s) appearing for the Case

Anthony Kornarens, Kornarens & Howard, Los Angeles, California, for the defendants-counter-claimants-appellants.

Donald S. Zakarin (argued), Pryor, Cashman, Sherman, & Flynn, New York, New York, and Max J. Sprecher, Lavely & Singer, Los Angeles, California, for the plaintiff-counter-defendant-appellee.

Before: RYMER and FISHER, Circuit Judges, and GEORGE, Senior District Judge.

RYMER, Circuit Judge:

The ultimate question in this case is whether a phonorecord distributed in the late 1930s "published" the underlying work such that the clock started ticking under the Copyright Act of 1909.1 In La Cienega Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir. 1995), we held that it did. However, in 1997 Congress amended the Copyright Act to provide that distribution of a phonorecord before...

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