RCA Manufacturing Co. v. Whiteman

114 F.2d 86 (1940)

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RCA Manufacturing Co. v. Whiteman

United States Court of Appeals for the Second Circuit
114 F.2d 86 (1940)

SC

Facts

RCA Manufacturing Company, Inc. (plaintiff) produced records of Paul Whiteman’s (defendant) orchestra and, with Whiteman’s consent, sold the records to the public. W.B.O. Broadcasting Corporation (WBO) (defendant), a radio station, bought some of the Whiteman records and played them over the radio. RCA sued WBO to enjoin it from broadcasting the records. RCA claimed that the broadcasts violated its common-law property rights. The district court held that RCA held the necessary rights to the records and granted an injunction. Whiteman and WBO appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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