Legal Opinion
Edward B. Marks Music Corp. v. Jerry Vogel Music Co.
Court of Appeals for the Second Circuit
Decided January 26, 1944No. 183PublishedCited by 27 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
This appeal is from a judgment for the plaintiff in an action to enjoin infringement of the renewed copyright in a song, en titled ‘The Bird on Nellie’s Hat.” Lamb, a British subject, wrote the words for the song, and later, Solman wrote the music without Lamb’s cooperation. Both assigned their rights to Joseph W. Stern & Co., Inc., a publishing company, which thereafter copyrighted the song on September 17, 1906, as a “musical composition”, and this copyright came by mesne assignment to the plaintiff. Lamb died before the expiration of the copyright, and never made any…
2Cases cited13 opinions
- Rude v. WestcottSupreme Court of the United States · 1889
- Yale Lock Manufacturing Co. v. SargentSupreme Court of the United States · 1886
- Wallace v. HolmesU.S. Circuit Court for the District of Connecticut · 1871
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- United States v. ArmstrongCourt of Appeals for the Eighth Circuit · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Davis v. BligeCourt of Appeals for the Second Circuit · 2007
- Lynn M. Thomson v. Allan S. Larson, Nanette Larson, and Julie Larson McCollumCourt of Appeals for the Second Circuit · 1998
- Aalmuhammed v. LeeCourt of Appeals for the Ninth Circuit · 2000
- Greenbie v. NobleDistrict Court, S.D. New York · 1957
- Peter Pan Fabrics, Inc. v. Acadia CompanyDistrict Court, S.D. New York · 1959
22 more not listed; retrieve them via the Exa API.