Jerome H. Remick & Co. v. American Automobile Accessories Co.
United States Court of Appeals for the Sixth Circuit
5 F.2d 411 (1925)
- Written by Alexis Franklin, JD
Facts
A rendition of a composition by Jerome H. Remick & Co. (Remick) (plaintiff) was broadcast over the radio without permission. The Copyright Act prohibited the unlicensed public performance for profit of copyrighted compositions. The United States Supreme Court previously held that a public performance qualified as for profit under the Copyright Act, even if no fee is collected or no profit made, as long as its purpose is for profit and not charitable. However, radio was not developed at the time the Copyright Act was enacted, and bills had been introduced by Congress to permit unlicensed broadcasting without copyright infringement. Remick brought suit against American Automobile Accessories Co. (defendant) in district court, alleging violation of the Copyright Act. The district court held that the unlicensed broadcast of Remick’s composition did not violate the Copyright Act, because a broadcast was not contemplated by Congress at the time the statute was enacted. Remick appealed to the Sixth Circuit.
Rule of Law
Issue
Holding and Reasoning (Mack, J.)
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