Legal Opinion
Harms, Inc. v. Tops Music Enterprises, Inc. of California
District Court, S.D. California
Decided March 13, 1958No. 1255-57PublishedCited by 15 opinions
1Opinion of the Court
YANKWICH, Chief Judge.
This is one of several actions instituted by Harms, Inc., a New York corporation, which is the owner of copyrights to musical compositions against various defendants, California individuals and corporations, who are alleged to have infringed their copyrights, 1 by reproducing songs on records without the payment of a license fee and without authorization. 2
In the case before us, the particular musical composition is known as “You and the Night and the Music”, the authors of which are Howard Dietz and Arthur Schwartz, who have transferred their rights to the plaintiff.…
2Cases cited58 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Catlin v. United StatesSupreme Court of the United States · 1945
- Hurn v. OurslerSupreme Court of the United States · 1933
- Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
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3Cited by15 opinions
- Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
- Commonwealth Insurance Company Of New York v. O. Henry Tent & Awning CompanyCourt of Appeals for the Seventh Circuit · 1959
- United Merchants & Manufacturers, Inc. v. David & Dash, Inc.District Court, D. Maryland · 1977
- Kirkland v. National Broadcasting Co., Inc.District Court, E.D. Pennsylvania · 1976
- John Cheeseman Trucking, Inc. v. DouganSupreme Court of Arkansas · 1991
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