Legal Opinion

Edward B. Marks Music Corp. v. Jerry Vogel Music Co.

Court of Appeals for the Second Circuit

Decided January 26, 1944No. 187PublishedCited by 48 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, dismissing its complaint after trial in an action for the infringement of the copyright of a song. The infringement is conceded, but the defendant justifies on the ground that it is in equity a joint owner of the copyright. The facts, which are not in dispute, are as follows. In the year 1893, one, Edward B. Marks, composed the words for a song entitled, “December and May,” which he took to a publisher of songs, named Harding, who bought it. Harding, without Mark’s knowledge, engaged one Loraine, to compose music for the words,…

2Cases cited6 opinions

  1. Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
  2. Maurel v. SmithDistrict Court, S.D. New York · 1915
  3. Maurel v. SmithCourt of Appeals for the Second Circuit · 1921
  4. Minion v. . WarnerNew York Court of Appeals · 1924
  5. Carter v. BaileySupreme Judicial Court of Maine · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Heidi S. Weissmann, M.D., Cross-Appellee v. Leonard M. Freeman, M.D., Cross-AppellantCourt of Appeals for the Second Circuit · 1989
  2. Frank Oddo v. Jack W. Ries, Mme Publications, Mme Publishing Company and Material Movement EnterprisesCourt of Appeals for the Ninth Circuit · 1984
  3. Alice Childress v. Clarice Taylor, Paul B. Berkowsky, the Moms Company, and Ben CaldwellCourt of Appeals for the Second Circuit · 1991
  4. Lynn M. Thomson v. Allan S. Larson, Nanette Larson, and Julie Larson McCollumCourt of Appeals for the Second Circuit · 1998
  5. Aalmuhammed v. LeeCourt of Appeals for the Ninth Circuit · 2000

43 more not listed; retrieve them via the Exa API.

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