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TAPE INDUSTRIES ASSOCIATION OF AMERICA v. YOUNGER

Civ. No. 68-1938.

316 F.Supp. 340 (1970)

TAPE INDUSTRIES ASSOCIATION OF AMERICA, a California corporation, Barry Pressman, Donald Koven, Jean Holmquist, Robert Holmquist, and Stanley Meckler, Plaintiffs, v. Evelle J. YOUNGER, District Attorney, County of Los Angeles, and Roger Arnebergh, City Attorney, City of Los Angeles, Defendants.

United States District Court, C. D. California.

July 27, 1970.

Attorney(s) appearing for the Case

Charles E. Beardsley, Arthur Leeds, and Beardsley, Hufstedler & Kemble, Los Angeles, Cal., for plaintiffs.

John D. Maharg, County Counsel, Robert C. Lynch, Asst. County Counsel, Howard S. Smith, and Mitchell, Silberberg & Knupp, Los Angeles, Cal., for defendant Younger.

Roger. Arnebergh, pro se, and Philip E. Grey, Asst. City Atty., for defendant Arnebergh.

Henry Kaiser, Eugene Gressman, Ronald Rosenberg, and Van Arkel & Kaiser, Washington, D. C., for American Federation of Musicians, amicus curiae.

Mortimer Becker and Becker & London, New York City, for American Federation of Television and Radio Artists, as amicus curiae.

Before TRASK, Circuit Judge, and WHELAN and HAUK, District Judges.

DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAUK, District Judge.

This is an action for declaratory and injunctive relief. Plaintiffs contend that the so-called "tape piracy" law of California, Penal Code, Section 653h (1968)1 is in conflict with the Copyright Clause of the United States Constitution, art. I, § 8, cl. 8,2 and the implementing...

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