Legal Opinion
Edward B. Marks Music Corporation v. Foullon
District Court, S.D. New York
Decided May 11, 1948No. Civ. 41-741PublishedCited by 5 opinions
1Opinion of the Court
GODDARD, District Judge.
This is a suit by the phi intiff for alleged infringement of a copyright and for an accounting and royalties under Sections 1(e) and 25(c) of the Copyright Act of March 4, 1909, 17 U.S.C.A. §§ 1(e) and 25(e).
Subsequent to filing the complaint against defendants Foullon and United Masters, Inc., plaintiff filed an amended complaint containing identical allegations hut which included Bard Record Company, Incorporated, as a defendant.
The first cause of action alleges that the plaintiff has all right, title and interest in and to the copyright of the song “Malagueña” and…
2Cases cited4 opinions
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Interstate Hotel Co. v. Remick Music Corp.Court of Appeals for the Eighth Circuit · 1946
- Corcoran v. Montgomery Ward & Co.Court of Appeals for the Ninth Circuit · 1941
- G. Ricordi & Co. v. Columbia Graphophone Co.District Court, S.D. New York · 1920
3Cited by5 opinions
- Reeve Music Co., Inc. And Robbins Music Corporation v. Crest Records, Inc. And Shelley Products Ltd.Court of Appeals for the Second Circuit · 1960
- Leo Feist, Inc. v. Apollo Records, N. Y. Corp.District Court, S.D. New York · 1969
- Reeve Music Co. v. Crest Records, Inc.District Court, E.D. New York · 1959
- ABC Music Corp. v. JanovDistrict Court, S.D. California · 1960
- COMERICA BANK & TRUST, N.A. as Personal Representative of the Estate of Prince Rogers Nelson v. HABIBDistrict Court, D. Massachusetts · 2020