Herbert v. Shanley Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Victor Herbert and others against the Shanley Company. From a decree (222 Fed. 344) dismissing the bill of complaint, the cause comes up on appeal by complainants.
1Opinion of the Court
ROGERS, Circuit Judge.
This was a suit brought fo protect a copyright. It is alleged that on April 2, 1913, G. Schirmer, Incorporated, having been duly authorized by the authors to do so, copyrighted a dramatico-musical composition entitled “Sweethearts,” and that the right to copyright the composition was granted, subject to the condition that the performing right should belong to the other complainants, who were the authors of the composition. Thereafter a separate copyright was taken out by G. Schirmer, Incorporated, of the vocal number “Sweethearts.” This second copyright is upon words and…
2Cases cited1 opinion
- John Church Co. v. Hilliard Hotel Co.Court of Appeals for the Second Circuit · 1915
3Cited by10 opinions
- Herbert v. Shanley Co.Supreme Court of the United States · 1917
- Interstate Hotel Co. v. Remick Music Corp.Court of Appeals for the Eighth Circuit · 1946
- Basevi v. Edward O'Toole Co.District Court, S.D. New York · 1939
- Remick Music Corp. v. Interstate Hotel Co. of NebraskaDistrict Court, D. Nebraska · 1944
- Robert Stigwood Group Ltd. v. SperberCourt of Appeals for the Second Circuit · 1972
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