Legal Opinion
Jerry Vogel Music Co. v. Warner Bros., Inc.
District Court, S.D. New York
Decided March 22, 1982No. 80 Civ. 6502 (HFW)PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM DECISION
WERKER, District Judge.
Plaintiffs, Jerry Vogel Music Company (“Vogel”) and G. Schirmer, Inc. (“Schirmer”), claiming to be the owners of the renewal copyrights to the poem “Trees” and the song “Trees” have brought this action against defendant Warner Brothers, Inc., (“Warner”), for infringing use of the first one minute and thirty seconds of the song in a motion picture entitled “The Inlaws.” After discovery was complete, defendant moved for summary judgment pursuant to Fed.R.Civ.P. 56 on the ground that both the poem and the song are in the public domain.
Fed.R.Civ.P. 56(c)…
2Cases cited8 opinions
- National Comics Publications, Inc. v. Fawcett Publications, Inc.Court of Appeals for the Second Circuit · 1951
- Fantastic Fakes, Inc. v. Pickwick International, Inc.Court of Appeals for the Fifth Circuit · 1981
- 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
- Goodis v. United Artists Television, Inc.Court of Appeals for the Second Circuit · 1970
- Houghton Mifflin Co. v. Stackpole Sons, Inc.Court of Appeals for the Second Circuit · 1939
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Real Estate Data, Inc. v. The Sidwell Co., and Sidwell Studio, Inc.Court of Appeals for the Seventh Circuit · 1987
- Playboy Enterprises, Inc. v. DumasDistrict Court, S.D. New York · 1993
- Brooks v. BatesDistrict Court, S.D. New York · 1991
- Fantasy, Inc. v. FogertyDistrict Court, N.D. California · 1987
- Martha Graham School & Dance Foundation, Inc. v. Martha Graham Center of Contemporary Dance, Inc.District Court, S.D. New York · 2002
8 more not listed; retrieve them via the Exa API.