VENUS MUSIC CORPORATION v. MILLS MUSIC

No. 38, Docket 25108.

261 F.2d 577 (1958)

VENUS MUSIC CORPORATION, Plaintiff-Appellant, v. MILLS MUSIC, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 18, 1958.


Attorney(s) appearing for the Case

Lewis A. Dreyer and Jack M. Ginsberg, New York City (Norma Hack, New York City, on the brief), for plaintiff-appellant.

Samuel Jesse Buzzell, New York City (Theodore R. Kupferman, New York City, on the brief), for defendant-appellee.

Before SWAN and MOORE, Circuit Judges, and KAUFMAN, District Judge.


I. R. KAUFMAN, District Judge.

This action concerns the ownership of the renewal right in the copyright on a popular song entitled "Mary Lou." Both plaintiff and defendant claim renewal rights through Abe Lyman, one of three co-authors. Defendant's claim arises under an unrecorded assignment from Lyman in 1936, plaintiff's under a 1942 assignment, duly recorded. After a trial without a jury the court below entered judgment for defendant, finding that the 1936 assignment...

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