Herbert v. Shanley Co., 242 U.S. 591 (1917)

Herbert v. Shanley Company


No. 427, 433


Argued January 10, 1917
Decided January 22, 1917
242 U.S. 591

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

The performance of a copyrighted musical composition in a restaurant or hotel without charge for admission to hear it but as an incident of other entertainment for which the public pays infringes the exclusive right of the owner of the copyright to perform the work publicly for profit under the Act of March 4, 1909, c. 320, § 1(e), 35 Stat. 1075.

221 F. 229, 229 F. 340, reversed.

The cases are stated in the opinion.