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EDISON BROS. STORES, INC. v. BROADCAST MUSIC, INC.

No. 90-328C(1).

760 F.Supp. 767 (1991)

EDISON BROTHERS STORES, INC., Plaintiff, v. BROADCAST MUSIC, INC., Defendant.

United States District Court, E.D. Missouri, E.D.

April 3, 1991.

Attorney(s) appearing for the Case

Robert Haar, William Kohlburn, Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., Michael A. Kahn, Katharine Livingston, J. Daniel Sharp, Folger & Levin, San Francisco, Cal., for plaintiff.

George Luberda, Caruthers, Herzog, Crebs & McGhee, St. Louis, Mo., Jonathan Zavin, Scott Martin, Richards & O'Neil, New York City, for defendant.

MEMORANDUM

NANGLE, District Judge.

A. BACKGROUND

Plaintiff brought this action for declaratory judgment, requesting the Court to declare that the employee radio policy of Edison Brothers Stores, Inc. ("Edison") falls within the "homestyle exception" of the Copyright Law of 1976, 17 U.S.C. § 110(5), and that Edison is under no obligation to pay licensing fees for the playing of music on consumer radio equipment by employees in its stores. Defendant...

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