Legal Opinion
Gotham Music Service, Inc. v. Denton & Haskins Music Publishing Co.
New York Court of Appeals
Decided April 26, 1932PublishedCited by 15 opinions
1Opinion of the Court
Pound, Ch. J.
Some years ago, as far back as 1925, a song called “ Gambler’s Blues ” was sung and played throughout the country. It was a melancholy ballad purporting to have been sung by a gambler in a barroom after he had seen his sweetheart lying dead in the infirmary. It was not a copyrighted publication. Both song and melody became publici juris or of public right. Any one was free to produce them.
In March, 1929, the plaintiffs revived the old song under the title “ St. James’ Infirmary.” The infirmary heretofore unidentified was given a name. They put forward an advertising and publicity…
2Cases cited4 opinions
- Underhill v. . SchenckNew York Court of Appeals · 1924
- Fisher v. . Star Co.New York Court of Appeals · 1921
- G. & C. Merriam Co. v. Syndicate Publishing Co.Supreme Court of the United States · 1915
- White Studio, Inc. v. DreyfoosNew York Court of Appeals · 1917
3Cited by15 opinions
- Dell Publishing Co. v. Stanley Publications, Inc.New York Court of Appeals · 1961
- Pocket Books, Inc. v. MeyersNew York Court of Appeals · 1944
- DeCarlo v. Archie Comic Publications, Inc.District Court, S.D. New York · 2001
- Decarlo v. Archie Comic Publications, Inc.Court of Appeals for the Second Circuit · 2001
- McGraw-Hill Book Co. v. Random House, Inc.New York Supreme Court · 1962
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