Legal Opinion
Edward B. Marks Music Corp. v. Continental Record Co.
District Court, S.D. New York
Decided March 9, 1954PublishedCited by 2 opinions
1Opinion of the Court
SUGARMAN, District Judge.
Plaintiff’s motion for summary judgment under Fed.Rules Civ.Proc. 56, 28 U.S.C.A. (No. 27 — February 23, 1954) and defendants’ motion for judgment on the pleadings under Fed.Rules Civ.Proc. rule 12(c) (No. 40 — February 23, 1954) are denied.
Defendants’ motion for summary judgment under Fed.Rules Civ.Proc. 56 (No. 39 — February 23, 1954) is granted and the complaint is dismissed on the merits.
“In The Good Old Summer Time” having been first copyrighted and published on May 24, 1902, the mechanical reproduction thereof was in the public domain from that time on.1
The…
2Cases cited2 opinions
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- M. Witmark & Sons v. Standard Music Roll Co.Court of Appeals for the Third Circuit · 1915
3Cited by2 opinions
- Edward B. Marks Music Corporation v. Continental Record Company, Inc., and Remington Records, Inc.Court of Appeals for the Second Circuit · 1955
- Lawrence N. Avery and D. L. Stoy, Creditors v. Charles R. Fischer, Trustee in Bankruptcy for Equitable Enterprises, Inc., DebtorCourt of Appeals for the Fifth Circuit · 1966