Court of Appeals for the Second Circuit June 26, 1995, 893, Docket 94-7670 (Michael L. Agee, D/B/A L & H Records v. Paramount Communications, Inc.)

JON O. NEWMAN, Chief Judge:

The primary issue presented by this appeal is whether incorporating a copyrighted sound recording into the soundtrack of a taped commercial television production infringes the copyright owner’s exclusive right of reproduction under the Copyright Act of 1976, 17 U.S.C. §§ 106 and 114(b) (1993). We hold that it does.

Plaintiff-appellant Michael L.