Legal Opinion
Stasny Music Corp. v. Santly-Joy, Inc.
District Court, S.D. New York
Decided February 19, 1957PublishedCited by 3 opinions
1Opinion of the Court
WEINFELD, District Judge.
This is a statutory action for infringement of a copyrighted song.1 The defendant has pleaded in bar the plaintiff’s failure to file a notice of use in accordance with § 1(e) of the Copyright Act.2 Plaintiff moves to strike this defense as insufficient in law and defendant cross moves for summary judgment.
The action arises out of similarity of the titles of two songs. The plaintiff was the copyright owner of the song “Am I Wasting My Time on You”; the defendant was the copyright owner of the song “Am I Wasting My Time”. In August, 1952 the defendant licensed Specialty…
2Cases cited3 opinions
- Irving Berlin, Inc. v. DaigleCourt of Appeals for the Fifth Circuit · 1929
- Standard Music Roll Co. v. F. A. Mills, Inc.Court of Appeals for the Third Circuit · 1917
- Lutz v. BuckCourt of Appeals for the Fifth Circuit · 1930
3Cited by3 opinions
- Norbay Music, Inc. v. King Records, Inc.Court of Appeals for the Second Circuit · 1961
- Norbay Music, Inc. v. King Records, Inc.District Court, S.D. New York · 1960
- Stasny Music Corp. v. Santly-Joy, Inc.Court of Appeals for the Second Circuit · 1957