Legal Opinion
Rose v. Bourne, Inc.
District Court, S.D. New York
Decided September 15, 1959PublishedCited by 29 opinions
1Opinion of the Court
DIMOCK, District Judge.
This is an action which originated as plaintiffs’ suit for copyright infringement. Plaintiffs have suffered a voluntary dismissal of their claim without prejudice, D.C., 172 F.Supp. 536, and the trial has proceeded upon defendant’s counterclaim for a declaratory judgment. The controversy involves the ownership of the renewal of the copyright of a musical composition, “That Old Gang of Mine”. The three composers of this were the two plaintiffs who sue individually and the testator of the one who sues as executor. The issue to be tried was framed by the court as follows:
“[…
2Cases cited8 opinions
- Fred Fisher Music Co. v. M. Witmark & SonsSupreme Court of the United States · 1943
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
- Edward B. Marks Music Corporation, Plaintiff-Appellant-Appellee v. Charles K. Harris Music Publishing Co., Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1958
- Shapiro, Bernstein & Co. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1947
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1945
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Lottie Joplin Thomas Trust v. Crown Publishers, Inc.District Court, S.D. New York · 1977
- Billy Rose, Ray Henderson and Mel Torshin, as of the Estate of Mort Dixon v. Bourne, Inc.Court of Appeals for the Second Circuit · 1960
- Picture Music, Inc. v. Bourne, Inc.District Court, S.D. New York · 1970
24 more not listed; retrieve them via the Exa API.