ALLEN v. WALT DISNEY PRODUCTIONS


41 F.Supp. 134 (1941)

ALLEN v. WALT DISNEY PRODUCTIONS, Limited, et al.

District Court, S. D. New York.

June 27, 1941.


Attorney(s) appearing for the Case

Julian T. Abeles, of New York City (Julian T. Abeles and Arnold J. Bernstein, both of New York City, of counsel), for complainant.

Gilbert & Gilbert, of New York City (Francis Gilbert, Godfrey Cohen, Franklin Waldheim, and William S. Savage, all of New York City, of counsel), for respondents.


CONGER, District Judge.

This is an action for infringement of a copyright. Two musical compositions are involved in this controversy — complainant's number entitled "Old Eli March" (Yale University), and respondents' song "Some Day My Prince Will Come." The alleged infringing portion of the latter song involves the music of the chorus only.

The complainant was not the composer of "Old Eli". He is a publisher...

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