Legal Opinion

Picture Music, Inc. v. Bourne, Inc.

Court of Appeals for the Second Circuit

Decided April 3, 1972No. 330, Docket 71-1222PublishedCited by 83 opinions

1Opinion of the Court

HAYS, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, which held that appellant had no copyright interest in the song “Who’s Afraid of the Big Bad Wolf,” and that appellant had infringed appellee’s copyright in the song. The opinion of the district court is reported at 314 F.Supp. 640 (S.D.N.Y.1970), and the facts are set out more fully there.

In May, 1933, Walt Disney Productions, Inc. released an animated cartoon film entitled “The Three Little Pigs.” The film contained a musical score, portions of which agents of…

2Cases cited8 opinions

  1. Helvering v. GowranSupreme Court of the United States · 1937
  2. Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966
  3. Lin-Brook Builders Hardware v. Evelyn Gertler and Irving Gertler, Individually, and Dba All-American Home CenterCourt of Appeals for the Ninth Circuit · 1965
  4. Yardley v. Houghton Mifflin Co.Court of Appeals for the Second Circuit · 1939
  5. Shapiro, Bernstein & Co. v. BryanCourt of Appeals for the Second Circuit · 1941

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3Cited by83 opinions

  1. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  2. Warren v. Fox Family Worldwide, Inc.Court of Appeals for the Ninth Circuit · 2003
  3. Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
  4. Marvel Characters, Inc. v. KirbyCourt of Appeals for the Second Circuit · 2013
  5. Heidi S. Weissmann, M.D., Cross-Appellee v. Leonard M. Freeman, M.D., Cross-AppellantCourt of Appeals for the Second Circuit · 1989

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