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

No. 183.

140 F.2d 268 (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 F. Driscoll, of New York City, for appellant.

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

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

L. HAND, Circuit Judge.

This appeal is from a judgment for the plaintiff in an action to enjoin infringement of the renewed copyright in a song, entitled "The Bird on Nellie's Hat." Lamb, a British subject, wrote the words for the song, and later, Solman wrote the music without Lamb's cooperation. Both assigned their rights to Joseph W. Stern & Co., Inc., a publishing company, which thereafter copyrighted the song on...

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