Legal Opinion

McMahon v. Harms, Inc.

District Court, S.D. New York

Decided January 9, 1942Published

1Opinion of the Court

GALSTON, District Judge.

This is a musical copyright case in which the complaint alleges infringement of two pf plaintiff’s compositions, but which, on defendant’s motion at the trial, was restricted to the alleged infringement of plaintiff’s musical composition entitled “In Sunny Kansas”. The accused composition published by the defendant is entitled “Love Sends A Little Gift Of Roses”.

The plaintiff secured copyright registration of his composition on March 16, 1908. The plaintiff was a member of Gilmore’s band and published the composition in 1908. He sold some copies and testified that the…

2Cases cited9 opinions

Patterson v. HewittSupreme Court of the United States · 1904
McKnight v. TaylorSupreme Court of the United States · 1843
Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
Whitney v. FoxSupreme Court of the United States · 1897
Arnstein v. Edward B. Marks Music CorporationCourt of Appeals for the Second Circuit · 1936

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