(1) As the members own the copyrights, less the limited assignment to the Society of the right of public performance for In a suit by the Society and some of its members representing all, seeking to enjoin enforcement of the statute as an unconstitutional invasion of copyright, held: A Florida statute undertook to forbid and penalize such combinations as unlawful monopolies fixing prices in restraint of trade. It was the function of the society to protect itself and its members from piracies, and to license public performances by others for royalties which, after certain deductions, it distributed among its members, pursuant to its articles of association.
Owners of the copyrights of musical compositions, with a view to protection against unlicensed public performances for profit for which they received no compensation, granted to an unincorporated association, of which they were the members, the exclusive right of public performance for a term of years. The cost of compliance is evidence of the value of the right to be free from a statutory prohibition. In a suit to restrain enforcement of a statute prohibiting a business, the amount in controversy is the value of the right to conduct the business free of such prohibition. In a class suit by and on behalf of the members of a society who have a common and undivided interest, the jurisdictional amount or value is involved if for any member who is a party, the matter in controversy is of that value, or if, to the aggregate of all members in the suit, it is of that value.
On submission of the question on bill and motion to dismiss, the burden of showing jurisdictional value in controversy is on the plaintiff. The question of jurisdictional amount is properly determined on the bill and motion to dismiss where the motion in effect traverses only a general allegation of the amount involved, and admits the other allegations, touching the subject, merely challenging their sufficiency to show jurisdiction.
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