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to Congress in an effort to help the Court determine what Congress had understood, considered and intended by the legislation.

[Submissions of Mr. Oberman, subsequently submitted for the record, follow:]

131

ESS

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KRAMER, LEVIN, NESSEN. KAMIN & FRANKEL

919 THIRD AVENUE

NEW YORK, NY 10022
STEVEN T. ATKINS
DAVID P. LEVIN

(212) 715.9100 MARTIN BALSAM

CZRA G. LEVIN STUART J. BASKIN

DANIEL P LEVITT MARK D. BRODSKY

HENRY A, LOWET GREO A DANILOW

RICHARD MARLIN RUDOLPH GOWINTER

THOMAS H. MORELAND CHARLOTTE M. FISCHMAN ELLEN R. NADLER ROBERT C. FLEDER

GARY P. NAFTALIS MARVIN E. FRANKEL

MICHAEL J. NASSAU ALAN A FRIEDMAN

MICHAEL S. NELSON HARVEY L. FRIEDMAN

MAURICE N. NESSEN ROBERT M. HELLER

MICHAEL S. ODERMAN STEPHEN A. HOCHMAN

GERALD ROKOFF GEOFFREY M. KALMUS

PAUL S. SCHREIBER SHERWIN KAMIN

MAROLD R. WEINBERGER PETER S. KOLEVZON

RICHARO S.WEISBROAT KENNETH R NOPELMAN

BURTON S. WESTON MICHAEL PAUL KOROTKIN JOEL B.ZWEIDEL ARTHUR B. ARAMER

FEDERAL EXPRESS

CABLE ADDRESS

NICRRAL
NICKRAL A

TWX NUMBER 710 581-5340

SHI

TELEX NUMBER

845041

AUTOMATIC TELECOPIER

(212) 688-2119

WRITER'S DIRECT NUMBER

(212) 715-. 294

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As promised, I am enclosing two copies of respondents'
petition for rehearing. This was submitted following the decision
in Mills Music. I am forwarding it to complete the collection of
briefs in the case. No reply to this petition was submittei.
(We have not forwarded respondents' opposition to the petition for
certiorari, or our reply brief in support of that petition; these
were superceded by the briefs. However, if these documents are
desired, I would be happy to furnish them).

With respect to the Senator's introduction of me, the following modification of the language at page 19, lines 11-14 would be accurate: "Mr. Kay is going to be accompanied by Michael Oberman, from the firm of Kramer, Levin, Nessen, Kamin & Frankel in New York, which successfully presented the Mills Music case.

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As I mentioned to you, it is likely that we will file a supplementary statement or two; if we do so, you will have it within the next two weeks.

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No. 83-1153

IN THE

Supreme Court of the United States

OCTOBER TERM, 1984

MILLS MUSIC, INC.,

Petitioner,

-against

MARIE SNYDER and TED SNYDER, JR.,
d/b/a TED SNYDER MUSIC PUBLISHING CO.,

Respondents.

ON WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SECOND CIRCUIT

RESPONDENTS' PETITION FOR REHEARING

HAROLD R. TYLER, JR.
(Counsel of Record)
PATTERSON, BELKNAP, WEBB

& TYLER
30 Rockefeller Plaza
New York, New York 10112
(212) 541-4000
Attorneys for Respondents

FREDERICK T. DAVIS
ROBERT P. LOBUE
FREDERICK F. GREENMAN, JR.
LINDEN AND DEUTSCH

Of Counsel

No. 83-1153

In The
SUPREME COURT OF THE UNITED STATES

October Term, 1984

MILLS MUSIC, INC.

Petitioner,

-against

MARIE SNYDER and TED SNYDER, JR.,
d/b/a TED SNYDER MUSIC PUBLISHING Co.,

Respondents.

On Writ of Certiorari to the United States
Court of Appeals for the Second Circuit

RESPONDENTS' PETITION FOR REHEARING

Respondents request that this Court grant rehearing and reconsider its decision rendered on January 8, 1985, or in the alternative remand the case to the District Court, because this Court's decision rests on an erroneous factual premise. This case was decided on cross-motions for summary judgment, on the assumption that there were no material factual issues. However, industry-wide construction of and practice concerning the licenses issued by the The Harry Fox Agency (“Fox") are contrary to this Court's construction of those licenses.

Respondents contended that the "terms of the grant" which are preserved by the Derivative Works Exception (17 U.S.C. $304(c)(6)(A)) are the licenses from Fox to the recording companies, and that on termination the Snyders stepped into Mills' shoes with respect to those licenses. The Court's principal reason for rejecting that contention was its finding that if the Fox "licenses are examined separately from that earlier grant

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