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MERCHANT v. LYMON

No. 87 Civ. 7199 (VLB) (NRB).

828 F.Supp. 1048 (1993)

Jimmy MERCHANT and Herman Santiago, Plaintiffs, v. Emira LYMON, as Widow and Administratrix of the Estate of Frank Lymon, Morris Levy, Big Seven Music Corp., Roulette Records, Inc., and Broadcast Music, Inc., Defendants.

United States District Court, S.D. New York.

July 23, 1993.

Attorney(s) appearing for the Case

Carl E. Person, New York City, for plaintiffs.

Edwards & Angell, New York City (Ira G. Greenberg, of counsel), for defendants.

Silverman & Shulman, P.C., New York City (Alan L. Shulman, of counsel), for intervenor.

BUCHWALD, United States Magistrate Judge.

This litigation is primarily an action for a declaration of rights to the copyright of the hit song Why Do Fools Fall in Love? ("Fools"). In their complaint, filed in 1987, plaintiffs claim, inter alia, that the copyright registration, as filed and as amended, inaccurately attributes authorship credit for Fools and that they are co-authors of the song with Frank Lymon. As co-authors, each plaintiff...

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