Kamakazi Music Corp., Barry Manilow and Warner Bros. Publications Inc. v. Robbins Music Corporation, Vicks Lithograph, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that if the arbitration clause did not encompass plaintiffs claims, “it is hornbook law” that, by their conduct, the parties agreed to submit their claim for attorneys’ fees to arbitrator
• noting that the defendant’s appeal “presented a new question of law which cannot be characterized as frivolous” and therefore denying the plaintiff’s request for an award of attorney’s fees on appeal
• agreeing, in an analogous case, that the “Copyright Act claims . . . required interpretation of the contract”
• claim was for copyright infringement, not breach of contract, where defendant published sheet music one month after license to publish expired
• “It is hornbook law that parties by their conduct may agree to send issues outside an arbitration clause to arbitration.”
• “[I]t is hornbook law that parties by their conduct may agree to send issues outside an arbitration clause to arbitration.”

Source: CourtListener parenthetical corpus (CC0).