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BARTOK v. BOOSEY & HAWKES, INC.

No. 940, Docket 74-2592.

523 F.2d 941 (1975)

Peter BARTOK, Appellant, v. BOOSEY & HAWKES, INC., and Benjamin Suchoff, as Trustee of the Estate of Bela Bartok, Appellees.

United States Court of Appeals, Second Circuit.

Decided September 26, 1975.

Attorney(s) appearing for the Case

Peter A. Herbert, Orenstein, Arrow, Silverman & Parcher, New York City, for appellant.

Maxwell Okun, Fishbein & Okun, New York City, for appellee Boosey & Hawkes.

Shirley P. Thau, Wolf, Popper, Ross, Wolf & Jones, New York City, for appellee Suchoff.

Irwin Karp, New York City, for Authors League of America, Inc., as amicus curiae.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

OAKES, Circuit Judge:

This appeal presents the question whether a musical composition the rights to which are assigned by the composer and which is performed during his lifetime is nevertheless "posthumous" within the meaning of the copyright renewal provision, § 24 of the Copyright Act, 17 U.S.C. § 24,1 because it has not been published or, more precisely, printed (and therefore not copyrighted) until after his death. Appellant...

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