Edmonds v. Stern
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by Shepard N. Edmonds against Joseph W. Stern and Edward B. Marks for infringement of copyright. From the decree, issuing an injunction, without damages, and granting plaintiff’s attorney a small fee, both parlies appeal. Plaintiff composed the words and music of a certain song, which he sold to defendants, who copyrighted it in 1903, under a royalty agreement.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Bill by Shepard N. Edmonds against Joseph W. Stern and Edward B. Marks for infringement of copyright. From the decree, issuing an injunction, without damages, and granting plaintiff’s attorney a small fee, both parlies appeal. Plaintiff composed the words and music of a certain song, which he sold to defendants, who copyrighted it in 1903, under a royalty agreement. With plaintiff’s knowledge and consent this song was used as part of an operetta, and with like knowledge and consent defendants separately…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Whether the act above recited constituted infringement must be decided before any question of damages or fees can be considered.
[1] The separate copyright of the orchestral score has always belonged to- defendants, and that they had lawful right to have such arrangement both prepared and copyrighted cannot be denied, nor do we understand it to be contested in this case. Defendants had confessedly acquired the right to make this arrangement, and when made it was “substantially a new and distinct composition, and as such entitled to the protection ef the…
2Cases cited2 opinions
- West Pub. Co. v. Edward Thompson Co.Court of Appeals for the Second Circuit · 1910
- Carte v. EvansU.S. Circuit Court for the District of Massachusetts · 1886
3Cited by8 opinions
- Abend v. MCA, Inc.Court of Appeals for the Ninth Circuit · 1988
- G. Ricordi & Co. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1951
- Raymond Rohauer and Cecil W. Hull v. Killiam Shows, Inc., Killiam Shows, Inc., and Educational Broadcasting Corporation, DefendantsCourt of Appeals for the Second Circuit · 1977
- G. Ricordi & Co. v. Paramount Pictures, Inc.District Court, S.D. New York · 1950
- Stewart v. AbendSupreme Court of the United States · 1990
3 more not listed; retrieve them via the Exa API.