Fromont v. Aeolian Co.
| Decision Date | 27 November 1918 |
| Docket Number | 14-349. |
| Citation | 254 F. 592 |
| Parties | FROMONT v. AEOLIAN CO. |
| Court | U.S. District Court — Southern District of New York |
Melville H. Cane, of New York City, for plaintiff.
George D. Beattys, of New York City, for defendant.
The suit is the usual infringement suit, brought by the plaintiff, a French publisher of music and a resident and citizen of the republic of France, against the defendant, the AEolian Company, a Connecticut corporation. There were two other defendants, but plaintiff and those defendants arranged the controversy prior to the trial of this suit, and the suit was discontinued as to them.
Briefly stated, it appears that the AEolian Company on May 10, 1917 entered into a written agreement or lease with Antonia Sawyer, Incorporated, by the terms of which the AEolian Company, as lessor, let, and Antonia Sawyer, Incorporated, as lessee, hired, the use of the AEolian concert hall, which is leased and controlled by the AEolian Company; this hall being located in the borough of Manhattan. The lease was for 3 1/2 hours commencing at 1:30 o'clock and terminating at 5 o'clock on October 13, 1917, and provided that the premises were to be used by Antonia Sawyer, Incorporated, for the sole purpose of giving a public piano recital by Rosita Renard at a rental specified in the lease or agreement, which rental was paid by Antonia Sawyer, Incorporated, to the AEolian Company. After May 10, 1917, and shortly prior to October 13, 1917, plaintiff by his agent notified the AEolian Company in writing of the copyright of two musical compositions known as 'Prelude' and 'Claire de la Lune,' and advised the AEolian Company not to allow the performances thereof on October 13, 1917, at AEolian Hall and by Rosita Renard, presumably acting on behalf of Antonia Sawyer Incorporated, without the permission or consent of the plaintiff or his representative.
It is stipulated that the AEolian Company, at the time when the lease was executed, had no knowledge that Rosita Renard was to perform any copyrighted works of the plaintiff, and, briefly stated, had no business relations of any kind or description with and control over the pianist, Rosita Renard, or any other person engaged or employed in the contemplated concert; and it is further stipulated that the AEolian Company did not derive any profit whatever from the performance, except the amount agreed upon, as above stated, as rental of the concert hall. When October 13, 1917, came, a public concert for profit was given at AEolian Hall by Antonia Sawyer, Incorporated, at which Rosita Renard, the pianist, played and performed the two copyrighted works above referred to, namely 'Prelude' and 'Claire De Lune,' without authority or consent of plaintiff or his agent or representative. Prior to the concert tickets were put on public sale by Antonia Sawyer, Incorporated, at the concert hall and elsewhere, and were sold to the public, who attended the concert in considerable numbers.
From the foregoing it appears that the defendant, the AEolian Company, had no relation whatever to the performance, except that prior to any...
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