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FREEPLAY MUSIC, INC. v. COX RADIO, INC.

No. 04 Civ. 5238(GEL).

404 F.Supp.2d 548 (2005)

FREEPLAY MUSIC, INC., Plaintiff, v. COX RADIO, INC., Cumulus Media, Inc., Entercom Communications Corp., Beasley Broadcast Group, Inc., Citadel Broadcasting Corp., and Viacom Inc., Defendants.

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

December 12, 2005.

Attorney(s) appearing for the Case

Gabriel Fischbarg, Toptani Law Offices, New York, New York, for Plaintiff.

Michael E. Salzman, Hughes Hubbard & Reed LLP, New York, New York, (Jason C. Benton), for Defendants Cox Radio, Inc., Cumulus Media, Inc., Entercom Communications Corp., Citadel Broadcasting Corp., and Viacom Inc., of counsel.

OPINION AND ORDER

LYNCH, District Judge.

Plaintiff Freeplay Music, Inc. ("Freeplay") holds copyrights in certain musical compositions and sound recordings. In this action for copyright infringement, as explained in the Court's prior opinion denying defendants' motion to dismiss, plaintiff contends that defendants, owners of certain radio stations ("Broadcasters"), violated its "synchronization rights" by producing and broadcasting commercials or other programming...

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