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LEVINE v. McDONALD'S CORP.

No. 89 Civ. 2428.

735 F.Supp. 92 (1990)

Joseph LEVINE, d/b/a Crushing Music, Paul DiFranco, individually and d/b/a Crazy Chords Music, Mark Bellack, d/b/a Crazy Chords Music, and Norman Dolph, Plaintiffs, v. McDONALD'S CORPORATION, Leo Burnett Company, Inc., Com/Track, Inc. and Gary Fry, Defendants.

United States District Court, S.D. New York.

April 11, 1990.

Attorney(s) appearing for the Case

Abeles, Clark and Osterberg by Robert C. Osterberg, Stuart Prager, New York City, for plaintiffs.

Cowan, Leibowitz & Latman by Robert J. Bernstein, New York City, for defendants Com/Track, Inc. and Gary Fry.

Satterlee Stephens Burke & Burke by Mario Aieta, New York City, for defendants McDonald's Corp. and Leo Burnett Co.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs allege that defendants infringed a copyright plaintiffs hold in a song entitled "Life Is a Rock (But the Radio Rolled Me)." The alleged infringing work is a song that appears in various renditions in commercials of defendant McDonald's Corporation ("McDonald's").

I. FACTS

The following facts are not in dispute, except where...

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