View source for Tams-Witmark Music Library v. New Opera Co.

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:Copyright]]