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EDWARD B. MARKS MUSIC CORP. v. CONTINENTAL RECORD CO.

No. 157, Docket 23343.

222 F.2d 488 (1955)

EDWARD B. MARKS MUSIC CORPORATION, Plaintiff-Appellant, v. CONTINENTAL RECORD COMPANY, Inc., and Remington Records, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 13, 1955.

Motion for Allowance of Counsel Fees Denied May 10, 1955.

Attorney(s) appearing for the Case

Abeles & Bernstein, New York City, for appellant, Julian T. Abeles, Arnold J. Bernstein, New York City, of counsel.

Maxwell Okun, New York City, for appellees.

Rosenman, Goldmark, Colin & Kaye, New York City (Godfrey Goldmark, Ambrose Doskow, New York City, of counsel), for Record Industry Ass'n of America, Inc., amicus curiae.

William Klein, II, and John Schulman, New York City, for Songwriters Protective Ass'n and Sidney Wm. Wattenberg, for Music Publishers Ass'n, Inc., amicus curiae.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

HINCKS, Circuit Judge.

The plaintiff-appellant is the assignee of the renewal copyright in the musical composition entitled, "In the Good Old Summertime." This composition was first published and copyrighted in 1902. A renewal copyright was obtained on the lyric in 1929, and on the music in 1930. During the renewal term the plaintiff, alleging that he has published two new editions of the composition, instituted an action charging the defendants with infringement...

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