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Tams-Witmark Music Library v. New Opera Co. (view source)
Revision as of 20:04, July 13, 2016
, 20:04, July 13, 2016→top: clean up & uniformity
In '''''Tams-Witmark Music Library v. New Opera Co.''''', 81 N.E.2d 70, 74-75 (N.Y. 1948), the [[New York Court of Appeals]] held that a [[licensee]] is entitled to recover amounts paid to a [[licensor]] if it turns out that the work was actually in the [[public domain]]. Specifically, the Court awarded $50,000 to an opera company because the company had paid that amount for a license to perform "The Merry Widow," a work that was actually in the [[public domain]]. The Court reasoned that license lacked [[consideration]] and the licensor had breached an implied warranty of title.
In '''''Tams-Witmark Music Library v. New Opera Co.''''', 81 N.E.2d 70, 74-75 (N.Y. 1948), the [[New York Court of Appeals]] held that a [[licensee]] is entitled to recover amounts paid to a [[licensor]] if it turns out that the work was actually in the [[public domain]]. Specifically, the Court awarded $50,000 to an opera company because the company had paid that amount for a license to perform "The Merry Widow," a work that was actually in the [[public domain]]. The Court reasoned that license lacked [[consideration]] and the licensor had breached an implied warranty of title.
[[category:State Court Cases]]
[[Category:State Court Cases]]
[[category:Copyright]]
[[Category:Copyright]]