Hein v. Harris
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Silvio Hein and Marie Cahill against Charles K. Harris. From an order granting a preliminary injunction (175 Fed. 875), defendant appeals.
1Per curiam
The order appealed from restrains defendant during the pendency of the action from publishing, selling, producing, or making use of the music in the chorus of the song known as the “Arab Love Song” in the operetta “The Boys and Betty.” Hein made affidavit that he composed the music and took out copyright in conjunction with one Daniel Arthur, author of the words, who subsequently assigned his interest in the copyright to complainant Cahill. The infringement is found in the chorus of a song entitled, “I Think I Hear a Woodpecker Knocking at My Family Tree,” in the musical comedy known as “The…
2Cases cited1 opinion
- S. S. White Dental Co. v. SibleyU.S. Circuit Court for the District of Eastern Pennsylvania · 1889
3Cited by12 opinions
- Buck v. Jewell-LaSalle Realty Co.Supreme Court of the United States · 1931
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Arnstein v. Edward B. Marks Music CorporationCourt of Appeals for the Second Circuit · 1936
- Harms v. CohenDistrict Court, E.D. Pennsylvania · 1922
- Freudenthal v. Hebrew Pub. Co.District Court, S.D. New York · 1942
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