Irving Berlin et al. v. E.C. Publications, Inc.
- Irving Berlin et al. v. E.C. Publications, Inc.
Irving Berlin et al. v. E.C. Publications, Inc., 329 F.2d 541 (2d Cir. 1964), was an important parody/copyright law case decided in 1964 which created the "Mad Magazine exception". Mad Magazine had published a volume titled "The Worst from Mad No. 4," in which were included a number of parody lyrics to existing songs, including Berlin's "A Pretty Girl is Like a Melody" "(Mad's" version, "Louella Schwartz Describes Her Malady.")The music corporations sued "Mad" for one dollar per song for each issue of "The Worst from Mad No. 4" published, totaling $25 million in alleged damages.. The court found for "Mad" publisher E.C., establishing a legal precedent protecting parody (but not, at that time, satire).
So ruled the trial court on all but two songs, "There's No Business Like No Business" and "Always," which they decided were too close to the originals. The plaintiffs took the case to the Circuit Court, which ruled for "Mad" for "all" 25 songs, not just the 23 approved by the trial court. Then the music companies appealed to the U. S. Supreme Court, which refused to hear the case at all, thus sustaining the circuit court's ruling. [Jacobs, Frank; "The MAD World of William M. Gaines"; 1972] [Federal Supplement, "West's Federal Reporter"; Second Series]
See also
*Mad and the Supreme Court
References
External links
* [http://www.ccnmtl.columbia.edu/projects/law/library/cases/case_berlin_ec.html Judge's ruling in Irving Berlin et al. v. E.C. Publications, Inc.]
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