EDWARD B. MARKS MUSIC CORP. v. JERRY VOGEL MUSIC CO.

No. 187.

140 F.2d 266 (1944)

EDWARD B. MARKS MUSIC CORPORATION v. JERRY VOGEL MUSIC CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 26, 1944.


Attorney(s) appearing for the Case

Arthur E. Garmaize, of New York City, for appellant.

Arthur F. Driscoll, of New York City, for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


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...

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