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JEROME v. TWENTIETH CENTURY FOX-FILM CORP.

67 F.Supp. 736 (1946)

JEROME v. TWENTIETH CENTURY FOX-FILM CORPORATION.

District Court, S. D. New York.

July 24, 1946.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Rafterty, of New York City (Arthur F. Driscoll, Milton M. Rosenbloom and Everett Birch, all of New York City, of counsel), for plaintiff.

Edwin P. Kilroe, of New York City (Edwin P. Kilroe and Julian T. Abeles, both of New York City, of counsel), for defendant.

Sidney Wm. Wattenberg, of New York City, for Music Publishers Protective Ass'n, Inc., amicus curiae.

John Schulman and William Klein, II, both of New York City, for Songwriters Protective Ass'n, amicus curiae.

Leo J. Rosett and Alfred Beekman, both of New York City, for Shapiro, Bernstein & Co., Inc., amicus curiae.

LEIBELL, District Judge.

To sustain plaintiff's two causes of action, the first for infringement of copyright and the second for unfair competition, this Court would have to find either (a) that the defendant never acquired any right to use plaintiff's musical composition "Sweet Rosie O'Grady" in defendant's motion picture of the same name, or (b) that, if defendant did acquire a right to use the song and title, the Court should declare those rights forfeited by reason...

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