Janov

In this action several copyright proprietors invoke the jurisdiction of this court under 28 U.S.C. § 1338 (a) to recover damages for defendants’ failure to pay statutory royalties as required by the so-called “compulsory licensing” provisions of § 1(e) of the Copyright Act. 17 U.S.C. § 1 (e).

In the main the facts are undisputed. Plaintiffs are music publishing companies and the copyright proprietors of the several musical compositions involved. Their respective claims of copyright have been validly registered in the United States Copyright Office and are subject to the protection provided by the Copyright Act. 17 U.S.C. § 1 et seq. Since filing notice of copyright and paying the recording fee, each plaintiff has either manufactured or licensed the manufacture of records of each of the musical compositions, all of which are “popular songs.”

Defendants, doing business as “Mode Records, Limited”, were engaged for a period of months during 1957 in the business of manufacturing and distributing records. From time to time during this period they sent to one Harry Fox, an agent who had acted for plaintiffs and many other music publishers in such matters, notices of defendants’…