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Granz v. Harris
United States District Court of Appeals for the Second Circuit
198 F.2d 585 (1952)
A famous producer, Norman Granz (plaintiff), recorded a jazz concert on 12-inch masters. Granz signed a contract granting Herbert Harris (defendant) a license to copy and sell Granz’s recordings. Per the contract, the attribution on Harris’s copies was to read, “Presented by Norman Granz.” Instead of using 12-inch masters for the records, Harris used 10-inch masters, which required Harris to shorten the original recording. Eight minutes of Granz’s concert were deleted, including solos on the trumpet, saxophone, and piano. Granz sued to prevent Harris from releasing this abbreviated recording. A lower court dismissed Granz’s complaint, which sought rescission of the contract, damages, and a permanent injunction. Granz appealed.
Rule of Law
Holding and Reasoning (Swan, C.J.)
Concurrence (Frank, J.)
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