Legal Opinion

Shapiro, Bernstein & Co. v. Goody

Court of Appeals for the Second Circuit

Decided September 28, 1957No. 238, Docket 24392PublishedCited by 27 opinions

1Opinion of the Court

HINCKS, Circuit Judge.

The plaintiffs-appellants, music publishers, and the defendants-appellees, Goody and Portem Distributing, Inc., moved for summary judgment on the following facts.

Joseph Krug, an original defendant below, manufactured two long-play phonograph disks on which were recorded propaganda radio broadcasts made by Major Alton “Glenn” Miller and his orchestra during the Second World War. These records included nine copyrighted musical selections the copyrights to which were owned by the six publisher-appellants each of whom had previously authorized its said copyrighted selections…

2Cases cited17 opinions

  1. F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
  2. Townsend v. LittleSupreme Court of the United States · 1883
  3. Ex Parte Public National Bank of New YorkSupreme Court of the United States · 1928
  4. White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
  5. Brady v. DalySupreme Court of the United States · 1899

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3Cited by27 opinions

  1. Shapiro, Bernstein & Co., Inc. v. H. L. Green Company, Inc., and Third Party Jalen Amusement Company, Inc., and Third PartyCourt of Appeals for the Second Circuit · 1963
  2. Lottie Joplin Thomas Trust v. Crown Publishers, Inc.District Court, S.D. New York · 1977
  3. Lone Ranger Television, Inc. v. Program Radio Corp.Court of Appeals for the Ninth Circuit · 1984
  4. Duchess Music Corporation v. Martin SternCourt of Appeals for the Ninth Circuit · 1972
  5. Continental Casualty Company, Plaintiff-Appellee-Appellant v. Hulbert T. E. Beardsley and H. T. E. Beardsley, Inc., Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1958

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