Herbert v. Shanley Co.

Herbert v. Shanley Co., 242 U.S. 591 (1917), was a United States Supreme Court case in which the Court held hotels and restaurants that perform music must compensate composers, even if the venue is not separately charging patrons to hear the music.[1]

Herbert v. Shanley Co.
Argued January 10, 1917
Decided January 22, 1917
Full case nameHerbert v. Shanley Co.
Citations242 U.S. 591 (more)
37 S. Ct. 232; 61 L. Ed. 511
Holding
Hotels and restaurants that perform music must compensate composers, even if the venue is not separately charging patrons to hear the music.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke

The decision legitimized ASCAP, a group founded to collect license fees from businesses that wanted to play performance recordings by its members.

References

  1. Herbert v. Shanley Co., 242 U.S. 591 (1917).
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