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MUSE v. MELLIN

212 F.Supp. 315 (1962)

Clarence MUSE and Mills Music, Inc., Plaintiffs, v. Robert MELLIN, Robert Music Corporation, Sherwin Music, Inc. and American Society of Composers, Authors and Publishers, Defendants.

United States District Court S. D. New York.

December 27, 1962.

Attorney(s) appearing for the Case

Theodore R. Kupferman, New York City, for plaintiffs.

Olman & Adler, New York City, for defendants Robert Mellin, Robert Music Corporation, Sherwin Music, Inc., Michael J. Adler, New York City, of counsel.

Schwartz & Frohlich, New York City, for defendant American Society of Composers, Authors and Publishers, David H. Horowitz, New York City, of counsel.

LEVET, District Judge.

This action for declaratory judgment concerns the ownership of the renewal right in the copyright of a popular song entitled, "When It's Sleepy Time Down South."

Both the corporate plaintiff, Mills Music, Inc. (Mills), and the defendants claim the renewal rights through the plaintiff Clarence Muse, one of three coauthors. Mills alleges its claim arises from an assignment of "all right, title and interest whatsoever," executed by Muse...

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