Legal Opinion

Hoffman v. Santly-Joy, Inc.

District Court, S.D. New York

Decided April 19, 1943PublishedCited by 15 opinions

1Opinion of the Court

LEIBELL, District Judge.

The defendants have moved for a dismissal of the plaintiffs’ amended complaint on the grounds that the plaintiffs are not the real or proper parties in interest and that the amended complaint fails to state a claim upon which relief can be granted.

The action is brought by the plaintiffs, as the authors, writers and composers of a copyrighted and allegedly original musical composition, “The Machine Gun Song”, against the defendants who are claimed to have infringed the copyright by the publication of a musical composition entitled “Johnny Zero”.

The plaintiffs seek…

2Cases cited4 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. LC Page & Co. v. Fox Film CorporationCourt of Appeals for the Second Circuit · 1936
  3. Henry Holt & Co. v. Liggett & Myers Tobacco Co.District Court, E.D. Pennsylvania · 1938
  4. Bisel v. LadnerCourt of Appeals for the Third Circuit · 1924

3Cited by15 opinions

  1. Jack Cortner and Jon Silberman v. Robert Israel, Score Productions, Inc., American Broadcasting Music, Inc., and Abc Sports, Inc.Court of Appeals for the Second Circuit · 1984
  2. Manning v. Miller Music CorporationDistrict Court, S.D. New York · 1959
  3. National Bank of Commerce v. Shaklee Corp.District Court, W.D. Texas · 1980
  4. Alexander v. Irving Trust CompanyDistrict Court, S.D. New York · 1955
  5. Laurence Massa v. Jiffy Products Co., Inc.Court of Appeals for the Ninth Circuit · 1957

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