Legal Opinion
Shilkret v. Musicraft Records, Inc.
District Court, S.D. New York
Decided December 10, 1941PublishedCited by 1 opinion
1Opinion of the Court
LEIBELL, District Judge.
Defendant has moved under Rule 12(b), Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c, for an order dismissing the complaint upon the ground that it fails to state a claim upon which relief can be granted.
The action is one for alleged copyright infringement. The complaint alleges that prior to April 18, 1941, the plaintiff composed a new arrangement of “Southern Roses Waltz” by Johann Strauss. It is further alleged that the composition having never been printed or published in this or any foreign country was “deposited in the mail, addressed to…
2Cases cited7 opinions
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Washingtonian Publishing Co. v. PearsonSupreme Court of the United States · 1939
- Patterson v. Century Productions, Inc.Court of Appeals for the Second Circuit · 1937
- Cardinal Film Corp. v. BeckDistrict Court, S.D. New York · 1918
- M. Witmark & Sons v. Standard Music Roll Co.Court of Appeals for the Third Circuit · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dieckhaus v. Twentieth Century-Fox Film CorporationDistrict Court, E.D. Missouri · 1944