Legal Opinion
Leo Feist, Inc. v. Debmar Publishing Company
District Court, E.D. Pennsylvania
Decided May 18, 1964No. Civ. A. 27800PublishedCited by 9 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This action for copyright infringement is now before the court upon the defendants’ motion for summary judgment. The defendants contend that the matter is res judicata, having been judicially determined in their favor in a proceeding in the English courts.
The plaintiff is the owner of a copyrighted musical composition entitled “In a Little Spanish Town.” The defendants admit publication, reproduction, and performance of a musical composition entitled “Why”, which two compositions were the basis of the suit in England.
No question is raised as to privity, but the…
2Cases cited3 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
3Cited by9 opinions
- Omega Importing Corp. v. Petri-Kine Camera Company, Inc.Court of Appeals for the Second Circuit · 1971
- Carl Zeiss Stiftung v. VEB Carl Zeiss, JenaDistrict Court, S.D. New York · 1968
- Ecore Int'l, Inc. v. DowneyDistrict Court, E.D. Pennsylvania · 2018
- Bensen v. JacksonDistrict Court, E.D. Pennsylvania · 1965
- Guardian Insurance v. Bain Hogg International Ltd.District Court, Virgin Islands · 1999
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