Legal Opinion
Jerome v. Twentieth Century Fox-Film Corp.
District Court, S.D. New York
Decided July 24, 1946PublishedCited by 11 opinions
1Opinion of the Court
LEIBELL, District Judge.
To sustain plaintiff’s two causes of action, the first for infringement of copyright and the second for unfair competition, this Court would have to find either (a) that the defendant never acquired any right to use plaintiff’s musical composition “Sweet Rosie O’Grady” in defendant’s motion picture of the same name, or (b) that, if defendant did acquire a right to use the song and title, the Court should declare those rights forfeited by reason of defendant’s failure to pay the $5,000 fee it had contracted to pay plaintiff for the use of the song. I have concluded that…
2Cases cited10 opinions
- Callaghan v. MyersSupreme Court of the United States · 1888
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
- LC Page & Co. v. Fox Film CorporationCourt of Appeals for the Second Circuit · 1936
- Æolian Co. v. Royal Music Roll Co.District Court, W.D. New York · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Goldstein v. CaliforniaSupreme Court of the United States · 1973
- Mitchell Brothers Film Group and Jartech, Inc. v. Cinema Adult Theater, A/K/A Cinema 69Court of Appeals for the Fifth Circuit · 1979
- Capitol Records, Inc. v. Mercury Records CorporationCourt of Appeals for the Second Circuit · 1955
- M. Witmark & Sons v. JensenDistrict Court, D. Minnesota · 1948
- Continental Casualty Company v. BeardsleyDistrict Court, S.D. New York · 1957
6 more not listed; retrieve them via the Exa API.