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SHAPIRO, BERNSTEIN & CO. v. BLEEKER

No. 63-244.

224 F.Supp. 595 (1963)

SHAPIRO, BERNSTEIN & CO., Inc., Plaintiff, v. Jerome BLEEKER, Florence Bleeker and Kenneth T. Patton, individually and as partners doing business as Reed's Music Store, Defendants.

United States District Court S. D. California, Central Division.

December 19, 1963.

Attorney(s) appearing for the Case

O'Melveny & Myers, Los Angeles, Cal., for plaintiff.

Mahoney, Halbert & Hornbaker, Los Angeles, Cal., for defendants.

HALL, Chief Judge.

This Complaint for infringement of copyright asserts that defendants, as Reed's Music Store, sold a "fake-book" which contained the right hand melody of 1,000 songs, 12 of which were copyrighted by the plaintiff.

Defendants filed a Motion for summary judgment on the ground that it does not appear that they "copied" the songs, and that the sale of the book constituted a "fair use." Plaintiff opposed the Motion for summary judgment and filed...

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