United States First Circuit

A music publisher's unauthorized grant of a license to a third party to perform or copy a copyrighted work is not an act of infringement where there is no adequate proof that the third party ever undertook an infringing act under the mistaken license.

Appellate Information

• Decided 09/16/2005
• Published 09/16/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Heath W. Hoglund for plaintiffs, appellants/cross-appellees., Jane Becker Whitaker with whom ́Angel N. Caro was on brief for defendants, appellees/cross-appellants., Barry I. Slotnick with whom Jacques M. Rimokh, Loeb & Loeb LLP, Francisco A. Besosa and Adsular Muniz Goyco & Besosa P.S.C. were on brief for defendants, appellees Peer, Peer International Corporation and Southern Music Company.