Shapiro, Bernstein & Co. v. Miracle Record Co.

IGOE, District Judge.

This is a suit for infringement of copyright. Plaintiff claims that defendant’s musical composition “Long Gone” infringes plaintiff’s musical composition “Yancey Special”. It is agreed by the parties that the trebles of both compositions are different; it is agreed that the basses are identical. Infringement, if any, must therefore be in the bass.

Trial was had in this court, and both parties submitted evidence. Oral argument was waived and the case was submitted on simultaneous briefs. The plaintiff later filed a reply brief.

Defendant denies infringement on four grounds:…