Haas v. Leo Feist, Inc.
District Court, S.D. New York
In Equity. Suit by Harry Haas against Leo Feist, Incorporated, and another. Decree for an injunction and an accounting by defendants. This is a suit in equity to enjoin the infringement of a copyrighted song entitled, “You Will Never Know How Much I Really Oared.”
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In Equity. Suit by Harry Haas against Leo Feist, Incorporated, and another. Decree for an injunction and an accounting by defendants. This is a suit in equity to enjoin the infringement of a copyrighted song entitled, “You Will Never Know How Much I Really Oared.” In the spring of 1914 the plaintiff, who was at that time in the employ of one Adolph Deutsch, composed the melody and chorus of the song in question, which was reduced to notation by one Roueh, and for which one Oahalin wrote some words. A copyright to the song was taken in the name of the Haas & Oahalin Music Company, a trade-name…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Piantadosi’s piracy of the chorus seems to me sufficiently established for a finding. That Cahalin gave a copy to Smith and that Smith had access to Piantadosi I believe upon the weight of evidence. Cahalin was a better witness than Piantadosi, who did not impress me, and who was not only contradicted in one matter by Woods and Dully, but was proved untruthful as to his borrowing of themes upon other occasions. The opportunity I therefore find to have existed at about the proper time. For the remaining part of the inference, I rely upon such musical…
2Cases cited3 opinions
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- West Pub. Co. v. Edward Thompson Co.Court of Appeals for the Second Circuit · 1910
- Gross v. Van Dyk Gravure Co.Court of Appeals for the Second Circuit · 1916
3Cited by50 opinions
- Petrella v. Metro-Goldwyn-Mayer, Inc.Supreme Court of the United States · 2014
- Danjaq LLC v. Sony Corp.Court of Appeals for the Ninth Circuit · 2001
- Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
- Buck v. Jewell-LaSalle Realty Co.Supreme Court of the United States · 1931
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
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