SIMON v. EDWARD B. MARKS MUSIC CORP.


41 A.D.2d 730 (1973)

Paul Simon et al., Respondents, v. Edward B. Marks Music Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 22, 1973


Plaintiffs-respondents shall recover of defendant appellant one bill of $40 costs and disbursements of this appeal.

Appellant may apply for an early trial if it so desires. We agree that a clear right to the injunction was shown with respect to the phonograph records. However, questions of fact are raised concerning the songfolio entitled "The Early Songs of Paul Simon", and since plaintiff Simon has conceded authorship of the songs contained therein and has exploited...

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