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RCA Manufacturing Co. v. Whiteman

United States Court of Appeals for the Second Circuit

114 F.2d 86 (1940)

Relevant factsFree

RCA Manufacturing Company (plaintiff) produced and, with bandleader Paul Whiteman's (defendant) consent, sold to the public records of Whiteman's orchestra performances; W.B.O. Broadcasting Corporation (WBO) (also a defendant) bought some of these records and played them over the radio, prompting RCA to sue to enjoin the broadcasts, claiming the airplay violated RCA's common-law property rights in the records. The district court agreed RCA retained the necessary rights and granted an injunction; Whiteman and WBO appealed.

IssueFree

Whether a creator of intellectual property retains common-law property rights in the work after it has been sold.

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