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24/7 RECORDS v. SONY MUSIC ENTERTAINMENT

No. 04-5563-CV.

429 F.3d 39 (2005)

24/7 RECORDS, INC., Plaintiff-Appellant, v. SONY MUSIC ENTERTAINMENT, INC. and Sheridan Square Entertainment, LLC, doing business as Artemis Records, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 8, 2005.

Attorney(s) appearing for the Case

Robert W. Cinque, Cinque & Cinque, P.C., New York, N.Y. (James P. Cinque, on the brief), for Appellants.

Gregory A. Clarick, Manatt, Phelps & Phillips, LLP (Steven M. Hayes, on the brief), for Appellees.

Before: JACOBS and B.D. PARKER, Circuit Judges, and GLEESON, District Judge.

JACOBS, Circuit Judge.

This dispute arises out of a record distribution agreement (the "Agreement") between producer 24/7 Records, Inc. ("24/7") and distributor Sheridan Square Entertainment, LLC d/b/a Artemis Records ("Artemis"). The dispute was sparked by 24/7's production of a cover version of "The Ketchup Song (Heh Hah)."

24/7 alleges that Artemis breached its obligation to distribute the Ketchup Song, wrongfully terminated the Agreement, and (among other...

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