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BOURNE CO. v. MPL COMMUNICATIONS, INC.

No. 79 Civ. 1383 (JES).

675 F.Supp. 859 (1987)

BOURNE CO., Plaintiff, and Velma Mae Overton, Additional Plaintiff On Supplemental Complaint, v. MPL COMMUNICATIONS, INC. d/b/a Edwin H. Morris & Co., a division thereof, Richard Marx, Kenneth Marx, and Miriam Stern, Defendants.

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

December 22, 1987.

Attorney(s) appearing for the Case

Abeles Clark and Osterberg, New York City (Robert Osterberg, of counsel), for plaintiff.

Eastman & Eastman, New York City (John Eastman, of counsel), for defendants (MPL Communications, Inc. d/b/a Edwin H. Morris & Co., Richard & Kenneth Marx).

Feinman & Krasilovsky, New York City (M. William Krasilovsky, of counsel), for defendant (Miriam Stern).

Linden and Deutsch, New York City (Frederick F. Greenman, Jr., of counsel), for amicus curiae (AGAC/The Songwriters Guild).

OPINION AND ORDER

SPRIZZO, District Judge:

This action involves the ownership of the rights and interests arising from the copyright of a musical composition entitled "Cecilia." Competing claims to these rights are presented by the two main parties to this action, plaintiff Bourne Co. ("Bourne") and defendant MPL Communications, Inc. ("MPL"), both music publishers. The parties agree that prior to May 23, 1981, Bourne was the sole proprietor of the copyright...

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