Legal Opinion
Capano Music v. Myers Music, Inc.
District Court, S.D. New York
Decided February 5, 1985No. 83 Civ. 8342 (RLC)PublishedCited by 12 opinions
1Opinion of the Court
OPINION
ROBERT L. CARTER, District Judge.
This is a suit for declaratory judgment to determine the successor to Max Freedman’s copyright interest in the song, “Rock Around the Clock.” Plaintiff and defendant, as well as intervenors Mollie Goldstein and Daniel Waldstein, have moved for summary judgment.
The following facts are not in dispute: Max Freedman and James Myers (a/k/a Jimmy DeKnight) co-authored the song “Rock Around the Clock.” The song was published with notice of copyright and registered in the United States Copyright Office on March 31, 1953, by and in the name of Myers Music, Inc.…
2Cases cited11 opinions
- Fred Fisher Music Co. v. M. Witmark & SonsSupreme Court of the United States · 1943
- Miller Music Corp. v. Charles N. Daniels, Inc.Supreme Court of the United States · 1960
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- Shapiro, Bernstein & Co., Inc. v. Jerry Vogel Music Co., Inc.Court of Appeals for the Second Circuit · 1955
- Hill & Range Songs, Inc. v. Fred Rose Music, Inc.Court of Appeals for the Sixth Circuit · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whitfield v. CohenDistrict Court, S.D. New York · 1988
- National Bank of Canada v. Artex Industries, Inc.District Court, S.D. New York · 1986
- DeAngelis v. Warner Lambert Co.District Court, S.D. New York · 1986
- Music Sales Corp. v. MorrisDistrict Court, S.D. New York · 1999
- Frederick Music Co. v. SicklerDistrict Court, S.D. New York · 1989
7 more not listed; retrieve them via the Exa API.