Legal Opinion
Shapiro, Bernstein & Co., Inc. v. Jerry Vogel Music Co., Inc.
Court of Appeals for the Second Circuit
Decided June 8, 1955No. 181, Docket 23385PublishedCited by 40 opinions
1Opinion of the Court
SMITH, District Judge.
This is an appeal from an interlocutory judgment holding defendant an infringer of the renewal copyright in the instrumental music of “12th Street Rag”, and holding defendant on its counterclaim not entitled to rights in the renewal copyright of a song by the same title. D.C.S.D.M.Y., 115 F.Supp.‘754.
Euday L. Bowman had composed the piece as an instrumental piano solo in 1914. Bowman in 1916 by assignment transferred all his rights in the piece, including renewal rights, to J. W. Jenkins Music Company. In 1918 the Jenkins Company employed James S. Sumner to write a lyric…
2Cases cited4 opinions
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- Shapiro, Bernstein & Co. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1947
- Maurel v. SmithDistrict Court, S.D. New York · 1915
- Maurel v. SmithCourt of Appeals for the Second Circuit · 1921
3Cited by40 opinions
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- James W. Cleary v. News Corporation and Harpercollins Publishers, Inc.Court of Appeals for the Ninth Circuit · 1994
- Marvel Characters, Inc. v. KirbyCourt of Appeals for the Second Circuit · 2013
- Davis v. BligeCourt of Appeals for the Second Circuit · 2007
- Terry Gilliam, Plaintiffs-Appellants-Appellees v. American Broadcasting Companies, Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1976
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