SHAPIRO, BERNSTEIN & CO. v. JERRY VOGEL MUSIC CO.

No. 29, Docket No. 20280.

161 F.2d 406 (1946)

SHAPIRO, BERNSTEIN & CO., Inc., v. JERRY VOGEL MUSIC CO., Inc.

Circuit Court of Appeals, Second Circuit.

On Clarification of Opinion March 18, 1947.

Writ of Certiorari Denied May 5, 1947.


Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll and Milton M. Rosenbloom, both of New York City, of counsel), for appellant.

House, Grossman, Vorhaus & Hemley, of New York City (Leo J. Rosett, Joseph Fischer, and Alfred Beekman, all of New York City, of counsel), for appellee.

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


Writ of Certiorari Denied May 5, 1947. See 67 S.Ct. 1310.

SWAN, Circuit Judge.

This litigation involves the ownership of the renewals of three copyrights of a popular song. In 1911 Ernie Burnett wrote the music and Maybelle Watson, who was then his wife, wrote the words of a song entitled "Melancholy." This song was copyrighted on October 31, 1911, in Burnett's name as an unpublished work under section 11 of the Act of 1909, 17 U.S.C.A. § 11. This version...

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