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BARTOK v. BOOSEY & HAWKES, INC.

No. 73 Civ. 4570.

382 F.Supp. 880 (1974)

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

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

September 26, 1974.

Attorney(s) appearing for the Case

Herbert (Peter A. Orenstein, Arrow, Silverman & Parcher, P. C., New York City) for plaintiff.

Maxwell Okun (Fishbein & Okun, New York City) for defendants, Boosey & Hawkes.

Shirley A. Thau (Wolf, Popper, Ross, Wolf & Jones, New York City) for defendant Suchoff.

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

OPINION

OWEN, District Judge.

These are cross-motions by Peter Bartok, a son of composer Bela Bartok, and Boosey & Hawkes, Bela Bartok's publisher. Twenty-eight years having passed since Boosey originally copyrighted Bartok's Concerto for Orchestra, each seeks, by summary judgment, to secure the right of renewal of said copyright for the second twenty-eight year period provided under Tit. 17 U.S.C. § 24.

In 1943, Bartok, 62 years...

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