PAINE v. ELECTRICAL RESEARCH PRODUCTS


30 F.Supp. 260 (1939)

PAINE v. ELECTRICAL RESEARCH PRODUCTS, Inc.

District Court, S. D. New York.

October 30, 1939.


Attorney(s) appearing for the Case

Gilbert & Gilbert, of New York City (A. S. Gilbert, Francis Gilbert, and Godfrey Cohen, all of New York City, of counsel), for plaintiff.

T. Brooke Price and Homer H. Breland, both of New York City (Homer H. Breland and T. Brooke Price, both of New York City, and Edward A. Sargoy, of New Rochelle, N. Y., of counsel), for defendant Electrical Research Products, Inc.

Julian T. Abeles and Herman Finkelstein, both of New York City, for defendants Metro-Goldwyn-Mayer, Corporation, Twentieth Century Fox Film Corporation, Columbia Pictures Corporation, and Universal Pictures Company, Inc., and United Artists Corporation.


KNOX, District Judge.

In any country in which a musical composition may be copyrighted, and the proprietor of the copyright is entitled to the protection of that country's law, I do not believe, in the absence of proof, it can be presumed that a particular composition is within the public domain. For this reason, I think the plaintiff herein has the burden of proving that such musical compositions on which he seeks recovery are, in fact, in the public domain of the...

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