American Society of Composers, Authors & Publishers v. Superior Court

An alternative writ of prohibition was granted by this court on the application of petitioner herein and it was ordered that respondent show cause why it should not be absolutely restrained from any further proceedings in that certain action now pending before respondent entitled “Bernard Herrmann, Plaintiff, vs. American Society of Composers, Authors and Publishers, Defendant” bearing Number 770507.

Petitioner is an unincorporated membership association, hereinafter called “ASCAP,” organized to serve as a clearing house for users who render public performances for profit of copyrighted musical works, and for its members—the composers, authors, and publishers of such musical compositions. On behalf of its members, it grants nonexclusive licenses to radio and television networks and stations, restaurants, night clubs and other such users of music permitting them to render nondramatic performances of its members’ musical works. The license fees collected are distributed, after deduction of operating expenses, to the members; one-half of such royalty distribution goes to the publisher members and one-half thereof to the composer and author (writer) members of petitioner.

Bernard…