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HEILMAN v. BELL

Civ. A. No. 75-C-117.

434 F.Supp. 564 (1977)

David L. HEILMAN and E-C Tape Service, Inc., a Wisconsin Corporation, Plaintiffs, v. Griffin B. BELL, Attorney General of the United States of America, his agents, servants, employes, attorneys, successors and all those persons in active concert or participation with them, Defendants.

United States District Court, E. D. Wisconsin.

July 14, 1977.

Attorney(s) appearing for the Case

Bruce F. Ehlke and David B. Gaebler, Madison, Wis., for plaintiffs.

William J. Mulligan, U. S. Atty., by William E. Callahan, Jr., Asst. U. S. Atty., Milwaukee, Wis., Robert P. Weidner, Government Regulations and Labor Section, Crim. Div., Dept. of Justice, Washington, D. C., for defendants.

REYNOLDS, Chief Judge.

In this action, plaintiff duplicators seek the following relief: a declaration that 17 U.S.C. §§ 1(e), 101(e), and 104 are inapplicable to duplicators of songs fixed prior to February 15, 1972, who tender the two-cent royalty to the composition copyright holder; a declaration that an interpretation of those statutes which make the plaintiffs criminally liable for duplicating sound recordings of songs fixed prior to February 15, 1972...

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