Edward B. Marks Music Corporation v. Foullon

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing a complaiht in two counts: the first, for infringing the copyright of a Spanish dance song, entitled “Malagueña,” by an unauthorized “arrangement”; the second, for making phonograph records of the “arrangement” and selling them without filing the notice which § 25(e) of the Copyright Act, 17 U.S.C.A. § 25(e), requires of those who would avail themselves of the compulsory license given by § 1(e), 17 U.S.C.A. § 1(e). The facts, which were all undisputed, were as follows. The plaintiff’s assignor became the owner of a copyright…