Legal Opinion

Jerome v. Twentieth Century-Fox Film Corporation

Court of Appeals for the Second Circuit

Decided January 29, 1948No. 122, Docket 20800PublishedCited by 9 opinions

1Per curiam

The complaint alleges two causes of action, the first for infringement of copyright and the second for unfair competition, based on the defendant’s use of the song “Sweet Rosy O’Grady” in a motion picture of the same title. The district judge carefully reviewed the evidence, made detailed findings of fact and concluded that the plaintiff, through her agents, authorized the use of her song in the motion picture for a fee of $5,000, and that the defendant’s refusal to pay this sum was not such as to justify a forfeiture of the license because the defendant was only holding the plaintiff to her…

2Cases cited2 opinions

  1. Jerome v. Twentieth Century Fox-Film Corp.District Court, S.D. New York · 1946
  2. Jerome v. Twentieth Century-Fox Film Corp.District Court, S.D. New York · 1946

3Cited by9 opinions

  1. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
  2. Mitchell Brothers Film Group and Jartech, Inc. v. Cinema Adult Theater, A/K/A Cinema 69Court of Appeals for the Fifth Circuit · 1979
  3. Capitol Records, Inc. v. Mercury Records CorporationCourt of Appeals for the Second Circuit · 1955
  4. Laufenberg, Inc. v. Goldblatt Bros., IncCourt of Appeals for the Seventh Circuit · 1951
  5. Blanc v. Spartan Tool Co.Court of Appeals for the Seventh Circuit · 1949

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