Difference between revisions of "Tams-Witmark Music Library v. New Opera Co."
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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. | ||
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Latest revision as of 20:04, July 13, 2016
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.
