Herbert L. Cohen, Dba Bizarre Music, Co. v. Paramount Pictures Corp., a Corporation

This case involves a novel issue of copyright law: whether a license conferring the right to exhibit a film “by means of television” includes the right to distribute videocassettes of the film. We hold it does not.

FACTS

Herbert Cohen is the owner of the copyright in a musical composition entitled “Merry-Go-Round” (hereinafter “the composition”). On May 12, 1969, Cohen granted H & J Pictures, Inc., a “synchronization” license, which gave H & J the right to use the composition in a film called “Medium Cool” and to exhibit the film in theatres and on television. Subsequently, H & J assigned to Paramount Pictures all of its rights, title, and interest in the movie “Medium Cool,” including all of the rights and interests created by the 1969 license from Cohen to H & J. Sometime later, Paramount furnished a negative of the film to a videocassette manufacturer, who made copies of the film — including a recording of the composition — and supplied these copies to Paramount. Paramount, in turn, sold approximately 2,725 videocassettes of the film, receiving a gross revenue of $69,-024.26 from the sales.

On February 20, 1985, Cohen filed suit against Paramount in federal district court…