Peer International Corporation v. Pausa Records, Inc.

909 F.2d 1332 1990 Copr.L.Dec. P 26,611 , 15 U.S.P.Q.2d 1530 PEER INTERNATIONAL CORPORATION, on behalf of itself and all others similarly situated, Plaintiff-Appellee/Cross-Appellant, v. PAUSA RECORDS, INC., and Jack Newman, Defendants-Appellants/Cross-Appellees. Nos. 88-6752, 89-55068. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1990. Decided July 30, 1990. Sanford R. Demain, Van Nuys, Cal., for defendants-appellants/cross-appellees. Alan L. Shulman and Barry I. Slotnick, Silverman, Shulman & Slotnick, New York City, for plaintiff-appellee/cross-appellant. Appeal from the United States District Court for the Central District of California. Before CANBY and LEAVY, Circuit Judges, and ORRICK, * District Judge. LEAVY, Circuit Judge: 1 This is a class action for copyright infringement brought by Peer International Corp. ("Peer") on behalf of itself and several hundred similarly situated copyright owners against Pausa Records, Inc. ("Pausa") and its principal officer, Jack Newman. The action arises from the defendants' failure to comply with the compulsory licensing provisions of the Copyright Act of 1976, 17 U.S.C. Sec. 115 (1982 & Supp. II…