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2d Cir 9th Cir advertising affidavit agreement Amendment appears application ASCAP award Back reference Bessie Smith Betamax blanket license Broadcasting cause of action cert Circuit claim Columbia Columbia Broadcasting System Columbia Records commercial common law copyright complaint constitute contends contract copying Copyright Act copyright infringement copyright law Copyright Office copyright owner copyright protection Corp Corporation DC SD defendant's defendants denied determine dismiss distribution District Court doctrine entitled evidence Exhibit F.Supp fact fair federal fees filed film Fiorucci granted issue jurisdiction Kingsrow L.Ed liability manufacture material motion picture musical compositions Nimmer on Copyright Opinion in Full original Orth-O-Vision parties Pearl Music pirated plaintiff preliminary injunction published pursuant registration royalties S.Ct Section similar song statute of limitations statutory damages substantial summary judgment supra Synercom tapes television toys trial unfair competition United States District USPQ violation warrant York