Irving Berlin, Inc. v. Russo

BURNS, District Judge.

The plaintiff alleges infringement of its copyright by the defendants, who own and operate a picture show for profit in the town of Plaquemine, La., as a place of publie entertainment, charging an admission fee.

*151Music was being furnished by a phonograph, playing cheap popular records, incidental to the picture show. Plaintiff sues for damages, alleging the infringement of its copyright on two musical compositions by the playing of records of the songs, “You Forgot to Remember,” and “Yes, Sir, She’s My Baby.” The defendant admits the use of the first record, but denies…