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CAPITOL RECORDS v. NAXOS OF AMERICA

No. 03-7859.

372 F.3d 471 (2004)

CAPITOL RECORDS, INC., Plaintiff-Appellant, v. NAXOS OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 21, 2004.

Attorney(s) appearing for the Case

Philip Allen Lacovara, Mayer Brown Rowe & Maw LLP, New York, N.Y. (Paul R. Levenson, Kaplan & Levenson LLP, New York, N.Y., on the brief), for Plaintiff-Appellant.

Maxim H. Waldbaum, New York, N.Y. (Lora Moffatt, Lori D. Greendorfer, Joseph E. Petersen, Salans, New York, N.Y., on the brief), for Defendant-Appellee.

Todd E. Fitzsimmons, Dale M. Cendali, O'Melveny & Myers LLP, New York, N.Y.; Matthew J. Oppenheim, Stanley Pierre-Louis, RIAA, Washington, D.C., submitted a brief for amicus curiae Recording Industry Association of America, in support of Plaintiff-Appellant.

Before: NEWMAN and RAGGI, Circuit Judges; and UNDERHILL, District Judge.

NEWMAN, Circuit Judge.

This appeal concerns issues of common law copyright under New York law. The allegedly infringing works are restorations of sound recordings of important classical performances originally recorded in England in the 1930s. Plaintiff-Appellant Capitol Records, Inc. ("Capitol") appeals from the judgment of the District Court for the Southern District of New York (Robert W. Sweet, District Judge) dismissing

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