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not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Burke & Van Heusen v Arrow Drug, 233 F.Supp. 881 ( E.D. PA 1964)

Plaintiff, the holder of the copyrights to certain musical compositions, granted to Beecham Products, Inc., in exchange for agreed royalties, a restrictive license for the use of the compositions on long playing records which were to be used only as a premium in connection with the sale of a certain shampoo. Beecham sold the records with the shampoo to Arrow Drug, Inc., which resold the records separately from the shampoo. Plaintiff claimed that the sales by defendant infringed its copyrights.

The court ruled that the plaintifss had received fair compensation for their goods and that they lost all rights to control the product under copyright law. The defendant was not a party to the agreement and was not liable for copyright infringement. Even if the agreement were legal, violating it by either party was not copyright infringement.

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