K-91, Inc. v. Gershwin Publishing Corporation

This is an appeal in a civil nonjury case from a judgment in favor of the appel-lees, the owners of copyrights on various musical compositions. Appellant, a radio station operator in the State of Washington, played these musical compositions on the air without the permission or consent of the appellees. Appellees filed a complaint, under 17 U.S.C. §§ 1 , 101, seeking damages for and an injunction against such infringement. Appellees prevailed, and the court below entered judgment awarding them $1,000 damages and enjoining further infringement. The trial court had jurisdiction under 28 U.S.C. §§ 1337 , 1338, and we have jurisdiction of the appeal under 28 U.S.C. § 1291 .

Appellant, both in the trial below and on oral argument before this court, admitted the expropriation and infringement of appellees’ copyrights, but claimed appellees were misusing their copyrights in violation of public policy generally, and particularly in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2. Therefore, appellant contended, no relief should be granted because appellees had come into court with unclean hands. It was charged that ap-pellees had, between themselves and in…