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<blockquote data-quote="moreluck" data-source="post: 2654571" data-attributes="member: 1246">Feb. 13, 1915&nbsp;“If music did not pay, it would be given up.” So wrote Chief Justice Oliver Wendell Holmes in a landmark Supreme Court decision in 1917. Holmes wasn’t referring to musicians themselves in that statement, but to places of business in which copyrighted musical works could be heard, whether such music was live or recorded and, critically, whether or not it generated direct revenues. “Whether it pays or not,” continued Holmes, “the purpose of employing it is profit and that is enough.” Narrowly speaking, the decision in Herbert v. Shanley Co. forced Shanley’s Restaurant in New York City to pay a fee to the American songwriter Victor Herbert for playing a song of his on a player-piano during dinner service. The case represented a much broader victory, however, for the new organization of which Herbert was the head: the American Society of Composers, Authors and Publishers (ASCAP), which was founded on this day in 1915.</blockquote>

[QUOTE="moreluck, post: 2654571, member: 1246"] Feb. 13, 1915 “If music did not pay, it would be given up.” So wrote Chief Justice Oliver Wendell Holmes in a landmark Supreme Court decision in 1917. Holmes wasn’t referring to musicians themselves in that statement, but to places of business in which copyrighted musical works could be heard, whether such music was live or recorded and, critically, whether or not it generated direct revenues. “Whether it pays or not,” continued Holmes, “the purpose of employing it is profit and that is enough.” Narrowly speaking, the decision in [I]Herbert v. Shanley Co. [/I] forced Shanley’s Restaurant in New York City to pay a fee to the American songwriter Victor Herbert for playing a song of his on a player-piano during dinner service. The case represented a much broader victory, however, for the new organization of which Herbert was the head: the American Society of Composers, Authors and Publishers (ASCAP), which was founded on this day in 1915. [/QUOTE]

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