Legal Opinion

Jerry Vogel Music Co. v. Miller Music, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 1947Published

1Opinion of the CourtPeck, P. J.

The question presented on this appeal is whether co-owners of a copyrighted work are accountable to each other for profits derived from licensing a third party to use the work.

The words and music of a song entitled “ I Love You California ” ivere composed by coauthors and the work copyrighted by them in the year 1913. The parties to this action.are the assignees of the respective interests of the coauthors. The copyright Avas renewed in 1940 by "plaintiff in its oaagi name. It is conceded, however, that defendant continued to have the same interest in the copyright after its renewal Avhich…

2Cases cited11 opinions

  1. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
  2. Maurel v. SmithCourt of Appeals for the Second Circuit · 1921
  3. Carter v. BaileySupreme Judicial Court of Maine · 1874
  4. De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
  5. Klein v. BeachCourt of Appeals for the Second Circuit · 1917

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