TRADE RESTRAINTS- EQUITABLE SERVITUDE ON CHATTELS - RADIO BROADCAST OF ELECTRICAL TRANSCRIPTIONS

Authors

Roy L. Steinheimer, University of Michigan Law SchoolFollow

Abstract

A popular orchestra leader made certain electrical transcriptions (not records) of unique interpretations of different musical numbers which were distributed, for a consideration, for radio broadcast on the Ford Motor Program. A notice appears on the transcription that it is to be used only by a distributee station and then only on the Ford Program. Defendant, who is not a distributee, broadcast one of these transcriptions without the plaintiff's consent. Plaintiff sued to enjoin rendition of the transcriptions. Held, that the injunction should be granted because there was a proprietary interest in the plaintiff's rendition of these musical numbers, and because there was a restriction on the use of the transcriptions in the nature of an equitable servitude. Waring v. Dunlea, (D. C. N. C. 1939) 26 F. Supp. 338.

Recommended Citation

Roy L. Steinheimer, TRADE RESTRAINTS- EQUITABLE SERVITUDE ON CHATTELS - RADIO BROADCAST OF ELECTRICAL TRANSCRIPTIONS, 38 Mich. L. Rev. 119 (1939).
Available at: https://repository.law.umich.edu/mlr/vol38/iss1/26