Copyrights-Liabilty of Store Owner for Sale of Infringing Phonograph Records by Concessionaire

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen\u27s employees to follow all Green\u27s rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen\u27s autonomy in the record department. Plaintiff, copyright proprietor of several musical compositions, alleged that Jalen had manufactured recordings of these compositions in violation of section 101(e) of the Copyright Act. Plaintiff also alleged that Green had violated the same section by contributing to and participating actively in the sale of these recordings. The trial court found Jalen liable but dismissed the complaint as to Green. On appeal from the order dismissing Green, held, reversed and remanded for determination of damages. A concession licensor having control over the employees and benefiting proportionately from the sales of a licensee-vendor is liable in the amount of the statutory damages assessed for the sale of records infringing on copyrighted musical compositions. Shapiro, Bernstein b Co. v. H. L. Green Co., 316 F.2d 304 (2d Cir. 1963)

Increasing frailty is associated with higher prevalence and reduced recognition of delirium in older hospitalised inpatients: results of a multi-centre study

Purpose: Delirium is a neuropsychiatric disorder delineated by an acute change in cognition, attention, and consciousness. It is common, particularly in older adults, but poorly recognised. Frailty is the accumulation of deficits conferring an increased risk of adverse outcomes. We set out to determine how severity of frailty, as measured using the CFS, affected delirium rates, and recognition in hospitalised older people in the United Kingdom. Methods: Adults over 65 years were included in an observational multi-centre audit across UK hospitals, two prospective rounds, and one retrospective note review. Clinical Frailty Scale (CFS), delirium status, and 30-day outcomes were recorded. Results: The overall prevalence of delirium was 16.3% (483). Patients with delirium were more frail than patients without delirium (median CFS 6 vs 4). The risk of delirium was greater with increasing frailty [OR 2.9 (1.8–4.6) in CFS 4 vs 1–3; OR 12.4 (6.2–24.5) in CFS 8 vs 1–3]. Higher CFS was associated with reduced recognition of delirium (OR of 0.7 (0.3–1.9) in CFS 4 compared to 0.2 (0.1–0.7) in CFS 8). These risks were both independent of age and dementia. Conclusion: We have demonstrated an incremental increase in risk of delirium with increasing frailty. This has important clinical implications, suggesting that frailty may provide a more nuanced measure of vulnerability to delirium and poor outcomes. However, the most frail patients are least likely to have their delirium diagnosed and there is a significant lack of research into the underlying pathophysiology of both of these common geriatric syndromes

Copyrights-Liabilty of Store Owner for Sale of Infringing Phonograph Records by Concessionaire

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen\u27s employees to follow all Green\u27s rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen\u27s autonomy in the record department. Plaintiff, copyright proprietor of several musical compositions, alleged that Jalen had manufactured recordings of these compositions in violation of section 101(e) of the Copyright Act. Plaintiff also alleged that Green had violated the same section by contributing to and participating actively in the sale of these recordings. The trial court found Jalen liable but dismissed the complaint as to Green. On appeal from the order dismissing Green, held, reversed and remanded for determination of damages. A concession licensor having control over the employees and benefiting proportionately from the sales of a licensee-vendor is liable in the amount of the statutory damages assessed for the sale of records infringing on copyrighted musical compositions. Shapiro, Bernstein b Co. v. H. L. Green Co., 316 F.2d 304 (2d Cir. 1963)