William C. Conner
Encyclopedia
William Curtis Conner was a federal judge for the United States District Court for the Southern District of New York
. His rulings during his 35 years of service covered a broad range of issues, including the First Amendment
, property rights to images of the Marx Brothers
after their death and songwriter royalties.
, and attended the University of Texas at Austin
, graduating with a Bachelor of Business Administration
in 1941, and received his Bachelor of Laws
degree from its University of Texas School of Law
in 1942. During World War II
, Conner served in the United States Navy Reserve
in the Pacific Theater of Operations
on a number of aircraft carriers. Following the completion of his military service, he joined a New York City
law firm with a focus on patent law. He was later named president of what became the New York Intellectual Property Law Association.
Richard M. Nixon on November 9, 1973, to fill the seat vacated by Edmund L. Palmieri, based on the recommendation of U.S. Senator
James L. Buckley
of New York
who felt strongly that the court needed someone who had practical experience in patent law and intellectual property
matters. He was confirmed by the United States Senate
on December 13, 1973, and received his commission on December 19, 1973.
Conner was known as the "Ascap judge" for his role in administering the terms of a 1941 consent decree
on the American Society of Composers, Authors and Publishers imposed as the result of an antitrust case that involved claims that the organization had monopolized licensing of popular music. Conners was assigned the Ascap case in the mid-1970s, taking over from Judge Harold R. Tyler, Jr.
Among his rulings in the ongoing case was the dismissal in the early 1990s of claims that jingle writers were being shortchanged, a 2004 ruling on an agreement covering payments from radio stations for music played on air that brought royalty recipients an estimated $1.7 billion in additional payments from 2001 to 2009, a rejection in 2007 of a request to treat music download
s as performances and a 2008 decision under which Ascap would receive 2.5% of revenue from songs played online via streaming media
rather than the 3% they had originally sought.
In a 1981 decision later overruled by the United States Court of Appeals for the Second Circuit
in a case brought by Harpo Marx
's widow Susan Fleming
, Conner ruled that the producers of A Day in Hollywood / A Night in the Ukraine
had improperly used the Marx Brothers
characters in their Broadway theatre
production and that the publicity rights of the comedians, even after their deaths, overrode the First Amendment issues raised by the show's creators. In April 1980, Conner had refused to issue a preliminary injunction
and allowed producer Alexander H. Cohen
to open as planned.
In a May 1980 ruling, Conner decided that community organizations that placed fliers in personal mailboxes did not violate the law, stating that their First Amendment rights would mean that a 1934 statute that imposed a $300 fine for placing mailable material without postage would be overturned. The local organizations that challenged the ban claimed that the cost and delays of using the mail "barred them from effective communication", while the United States Postal Service
stated that mailbox security would be lost and that mail carriers would have to waste time checking what's in mailboxes.
In a case filed by a bank that lost $2 million that had been checked on a flight, Conner ruled that Eastern Airlines was only responsible for paying $634.90 for the lost money, charged at the standard rate of $9.07 per pound for lost luggage under the terms of the Warsaw Convention
.
He assumed senior status
on March 31, 1987, and relocated his chambers to White Plains, New York
in 1995 to be closer to his home.
, Judge Conner died at age 89 in Bronxville
. He was survived by his wife, a daughter, three sons and six grandchildren.
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. His rulings during his 35 years of service covered a broad range of issues, including the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, property rights to images of the Marx Brothers
Marx Brothers
The Marx Brothers were an American family comedy act, originally from New York City, that enjoyed success in Vaudeville, Broadway, and motion pictures from the early 1900s to around 1950...
after their death and songwriter royalties.
Early life and education
Conner was born in Wichita Falls, TexasWichita Falls, Texas
Wichita Falls is a city in and the county seat of Wichita County, Texas, United States, United States. Wichita Falls is the principal city of the Wichita Falls Metropolitan Statistical Area, which encompasses all of Archer, Clay and Wichita counties. According to the U.S. Census estimate of 2010,...
, and attended the University of Texas at Austin
University of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
, graduating with a Bachelor of Business Administration
Bachelor of Business Administration
The Bachelor of Business Administration is a bachelor's degree in Commerce and business administration. In most universities, the degree is conferred upon a student after four years of full-time study in one or more areas of business concentrations; see below...
in 1941, and received his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree from its University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in 1942. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Conner served in the United States Navy Reserve
United States Navy Reserve
The United States Navy Reserve, until 2005 known as the United States Naval Reserve, is the Reserve Component of the United States Navy...
in the Pacific Theater of Operations
Pacific Theater of Operations
The Pacific Theater of Operations was the World War II area of military activity in the Pacific Ocean and the countries bordering it, a geographic scope that reflected the operational and administrative command structures of the American forces during that period...
on a number of aircraft carriers. Following the completion of his military service, he joined a New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
law firm with a focus on patent law. He was later named president of what became the New York Intellectual Property Law Association.
Judicial career
He was nominated to the court by PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard M. Nixon on November 9, 1973, to fill the seat vacated by Edmund L. Palmieri, based on the recommendation of U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
James L. Buckley
James L. Buckley
James Lane Buckley is a retired judge for the United States Court of Appeals for the District of Columbia Circuit, and previously served as a United States Senator from the state of New York as a member of the Conservative Party of New York from January 3, 1971 to January 3, 1977...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
who felt strongly that the court needed someone who had practical experience in patent law and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
matters. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on December 13, 1973, and received his commission on December 19, 1973.
Conner was known as the "Ascap judge" for his role in administering the terms of a 1941 consent decree
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
on the American Society of Composers, Authors and Publishers imposed as the result of an antitrust case that involved claims that the organization had monopolized licensing of popular music. Conners was assigned the Ascap case in the mid-1970s, taking over from Judge Harold R. Tyler, Jr.
Harold R. Tyler, Jr.
Harold R. Tyler, Jr. was a United States federal judge.Born in Utica, New York, Tyler received an A.B. from Princeton University in 1943 and served as a Captain in the United States Army during World War II. He then received an LL.B. from Columbia Law School in 1949, entering private practice in...
Among his rulings in the ongoing case was the dismissal in the early 1990s of claims that jingle writers were being shortchanged, a 2004 ruling on an agreement covering payments from radio stations for music played on air that brought royalty recipients an estimated $1.7 billion in additional payments from 2001 to 2009, a rejection in 2007 of a request to treat music download
Music download
A music download is the transferral of music from an Internet-facing computer or website to a user's local computer. This term encompasses both legal downloads and downloads of copyright material without permission or payment...
s as performances and a 2008 decision under which Ascap would receive 2.5% of revenue from songs played online via streaming media
Streaming media
Streaming media is multimedia that is constantly received by and presented to an end-user while being delivered by a streaming provider.The term "presented" is used in this article in a general sense that includes audio or video playback. The name refers to the delivery method of the medium rather...
rather than the 3% they had originally sought.
In a 1981 decision later overruled by the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
in a case brought by Harpo Marx
Harpo Marx
Adolph "Harpo" Marx was an American comedian and film star. He was the second oldest of the Marx Brothers. His comic style was influenced by clown and pantomime traditions. He wore a curly reddish wig, and never spoke during performances...
's widow Susan Fleming
Susan Fleming
Susan Fleming was an American actress known as the "Girl with the Million Dollar Legs" for a role she played in the W. C. Fields film Million Dollar Legs...
, Conner ruled that the producers of A Day in Hollywood / A Night in the Ukraine
A Day in Hollywood / A Night in the Ukraine
A Day in Hollywood/A Night in the Ukraine is a musical comedy consisting of two essentially independent one-act plays, with a book and lyrics by Dick Vosburgh and music by Frank Lazarus...
had improperly used the Marx Brothers
Marx Brothers
The Marx Brothers were an American family comedy act, originally from New York City, that enjoyed success in Vaudeville, Broadway, and motion pictures from the early 1900s to around 1950...
characters in their Broadway theatre
Broadway theatre
Broadway theatre, commonly called simply Broadway, refers to theatrical performances presented in one of the 40 professional theatres with 500 or more seats located in the Theatre District centered along Broadway, and in Lincoln Center, in Manhattan in New York City...
production and that the publicity rights of the comedians, even after their deaths, overrode the First Amendment issues raised by the show's creators. In April 1980, Conner had refused to issue a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
and allowed producer Alexander H. Cohen
Alexander H. Cohen
Alexander H. Cohen was a prolific American theatrical producer who mounted more than one hundred productions on both sides of the Atlantic. He was the only American producer to maintain offices in the West End as well as on Broadway.-Personal life:Cohen was born in New York City...
to open as planned.
In a May 1980 ruling, Conner decided that community organizations that placed fliers in personal mailboxes did not violate the law, stating that their First Amendment rights would mean that a 1934 statute that imposed a $300 fine for placing mailable material without postage would be overturned. The local organizations that challenged the ban claimed that the cost and delays of using the mail "barred them from effective communication", while the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
stated that mailbox security would be lost and that mail carriers would have to waste time checking what's in mailboxes.
In a case filed by a bank that lost $2 million that had been checked on a flight, Conner ruled that Eastern Airlines was only responsible for paying $634.90 for the lost money, charged at the standard rate of $9.07 per pound for lost luggage under the terms of the Warsaw Convention
Warsaw Convention
The Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward....
.
He assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on March 31, 1987, and relocated his chambers to White Plains, New York
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...
in 1995 to be closer to his home.
Personal
A resident of Dobbs Ferry, New YorkDobbs Ferry, New York
Dobbs Ferry is a village in Westchester County, New York, United States. The population was 10,875 at the 2010 census.The Village of Dobbs Ferry is located in, and is a part of, the town of Greenburgh...
, Judge Conner died at age 89 in Bronxville
Bronxville, New York
Bronxville is an affluent village within the town of Eastchester, New York, in the United States. It is a suburb of New York City, located approximately north of midtown Manhattan in southern Westchester County. At the 2010 census, Bronxville had a population of 6,323...
. He was survived by his wife, a daughter, three sons and six grandchildren.