JEROME v. TWENTIETH CENTURY-FOX FILM CORPORATION

No. 122, Docket 20800.

165 F.2d 784 (1948)

JEROME v. TWENTIETH CENTURY-FOX FILM CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 29, 1948.


Attorney(s) appearing for the Case

O'Brien, Driscoll, Raftery & Lawler, of New York City (Arthur F. Driscoll, Milton M. Rosenbloom and Everett B. Birch, all of New York City, of counsel), for plaintiff-appellant.

Edwin P. Kilroe, of New York City (Julian T. Abeles, Arnold J. Bernstein and Benjamin G. Weil, all of New York City, of counsel), for defendant-appellant.

Before SWAN, CHASE and FRANK, Circuit Judges.


PER CURIAM.

The complaint alleges two causes of action, the first for infringement of copyright and the second for unfair competition, based on the defendant's use of the song "Sweet Rosy O'Grady" in a motion picture of the same title. The district judge carefully reviewed the evidence, made detailed findings of fact and concluded that the plaintiff, through her agents, authorized the use of her song in the motion picture for a fee of $5,000, and that the defendant...

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