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EDWARD B. MARKS MUSIC CORPORATION v. FOULLON

No. 102, Docket 21140.

171 F.2d 905 (1949)

EDWARD B. MARKS MUSIC CORPORATION v. FOULLON et al.

United States Court of Appeals Second Circuit.

January 4, 1949.

Attorney(s) appearing for the Case

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

Benedict A. Leerburger, and Dannenberg, Hazen & Lake, both of New York City, for Bard Record Co., Inc.

Joseph R. Miller, of New York City, for defendants Seva Foullon and United Masters.

Sidney Wm. Wattenberg, John Schulman and William Klein, II, all of New York City, amici curiae.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing a complaint in two counts: the first, for infringing the copyright of a Spanish dance song, entitled "Malaguena," by an unauthorized "arrangement"; the second, for making phonograph records of the "arrangement" and selling them without filing the notice which § 25(e) of the Copyright Act, 17 U.S.C.A. § 25(e), requires of those who would avail themselves of the compulsory license given...

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