Legal Opinion
Green v. Luby
District Court, S.D. New York
Decided December 21, 1909PublishedCited by 5 opinions
In Equity. Suit by Irene Franklin Green and others against Edna Luby. Heard, on motion for temporary injunction.
1Opinion of the Court
NOYES, Circuit Judge.
This is an application for a preliminary injunction to restrain the defendant from publicly singing an alleged copyrighted song entitled “I’m a Bringing up the Family,” which song, it is alleged, was written as a number or part of a copyrighted dramatic sketch entitled “The Queen of the Vaudeville.”
The defendant contends, in the first place, that the sketch “The Queen of the Vaudeville” is a musical composition, and not a dramatic composition, within the meaning of the copyright law of 1909 (Act March 4, 1909, c. 320, 35 Stat. 1075 [U. S. Comp. St. Supp. 1909, p. 1289]).…
2Cases cited2 opinions
- Bloom & Hamlin v. NixonU.S. Circuit Court for the District of Eastern Pennsylvania · 1903
- Green v. MinzensheimerDistrict Court, S.D. New York · 1909
3Cited by5 opinions
- Irving Berlin v. E. C. Publications, Inc.Court of Appeals for the Second Circuit · 1964
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Loew's Incorporated v. Columbia Broadcasting SystemDistrict Court, S.D. California · 1955
- Corcoran v. Montgomery Ward & Co.Court of Appeals for the Ninth Circuit · 1941
- April Productions, Inc. v. Strand Enterprises, Inc.District Court, S.D. New York · 1948