Gershwin Publishing Corp. v. Columbia Artists Management, Inc.
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Gershwin Publishing Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159 (2d Cir. 1971),[1] was a copyright infringement case in which the United States Court of Appeals for the Second District ruled that defendant Columbia Artists Management, Inc. was liable for vicarious copyright infringement and contributory copyright infringement. Plaintiff American Society of Composers, Authors and Publishers ("ASCAP"), on behalf of Gershwin Publishing Corp., sued Columbia Artists Management, Inc. ("CAMI") on the premise that CAMI had no permission to use a song from its repertory for a public, for-profit concert in which artists managed by CAMI performed. The final court decision established that contributory infringement can still be liable for copyright infringement if the party has knowledge of the violating activity, whether or not they are directly involved in the violation.[1]
Gershwin Publishing Corporation, Columbia Artists Management Inc. | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Gershwin Publishing Corp. v. Columbia Artists Management, Inc. |
Argued | April 19 1971 |
Decided | May 24 1971 |
Citation(s) | 443 F.2d 1159; 14 A.L.R. Fed. 819; 170 U.S.P.Q. 182 |
Case history | |
Prior history | 312 F. Supp. 581 (S.D.N.Y. 1970) |
Holding | |
The court established that defendant CAMI could not avoid paying license fees when music in plaintiff ASCAP's catalogue is performed at concerts, even when such events are sponsored by local organizations rather than directly by CAMI itself. Southern District of New York affirmed. | |
Court membership | |
Judge(s) sitting | Henry Friendly, Chief Judge, Robert P. Anderson, Circuit Judge, Levet, District Judge |
Case opinions | |
Majority | Judge Robert P. Anderson |
Laws applied | |
Copyright Act of 1909 |