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SHAPIRO, BERNSTEIN & CO. v. BRYAN

36 F.Supp. 544 (1940)

SHAPIRO, BERNSTEIN & CO., Inc., v. BRYAN et al.

District Court, S. D. New York.

December 16, 1940.

Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley, of New York City (Leo J. Rosett, of New York City, of counsel), for plaintiff.

Hays, St. John, Abramson & Schulman, of New York City, for defendants Alfred Bryan, Fred Fisher, and Fred Fisher Music Co., Inc.

Austin Keough, of New York City, for defendant Famous Music Corporation.

John Schulman, Irving Cohen, and Robert J. Burton, all of New York City, of counsel, for defendants.

MOSCOWITZ, District Judge.

The defendants, Alfred Bryan and Fred Fisher, wrote a song entitled "Come Josephine In My Flying Machine" while they were in the employ of Maurice Shapiro, music publisher. On October 18, 1910, Maurice Shapiro obtained the original copyright on this song in his own name, at which time Fisher and Bryan were in his employ. Maurice Shapiro died on June 1, 1911. The plaintiff's chain of title from Maurice Shapiro is not in dispute. On October...

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