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INDEPENDENT TAPE MERCHANT'S ASSOCIATION v. CREAMER

Civ. No. 72-73.

346 F.Supp. 456 (1972)

INDEPENDENT TAPE MERCHANT'S ASSOCIATION, Plaintiff, v. J. Shane CREAMER, Attorney General of the Commonwealth of Pennsylvania, Leroy S. Zimmerman, District Attorney for Dauphin County, Pennsylvania, and as Class Representative on behalf of each and every District Attorney in the Commonwealth of Pennsylvania, Defendants, and Recording Industry Association of America, Inc., Intervenor Defendant.

United States District Court, M. D. Pennsylvania.

July 24, 1972.

Attorney(s) appearing for the Case

James L. Fisk, Washington, D. C., for plaintiff.

J. Shane Creamer, Atty. Gen. of Pennsylvania, Lawrence T. Hoyle, Jr., Barton Isenberg, Deputy Attys. Gen., Harrisburg, Pa., for defendants.

Ralph S. Snyder, C. Gary Wynkoop, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Howard S. Smith, Mitchell, Silberberg & Knupp, Los Angeles, Cal., Jules E. Yarnell, Laporte & Meyers, New York City, for intervenor defendant.

SHERIDAN, Chief Judge.

In this action plaintiff, Independent Tape Merchant's Association, contends that a statute of the Commonwealth of Pennsylvania, 18 P.S. § 4878.1 (Supp., 1972), is unconstitutional because it attempts to grant an unlimited copyright to producers of sound recordings and is therefore in direct conflict with 17 U. S.C.A. §§ 1(f), 1 nt., 5(n), 19, 20, 26, 101(e) (Supp., 1972) (originally enacted as the Act of October 15, 1971, Pub...

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