[Download] "Buck v. Elm Lodge Inc." by Second Circuit Circuit Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Buck v. Elm Lodge Inc.
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 06, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This is an appeal from a decree dismissing for multifariousness and misjoinder of parties plaintiff a bill of complaint which charged the defendant with infringement by public performance of two copyrighted musical compositions. The three plaintiffs are Gene Buck, who sues as representative of an unincorporated association known as American Society of Composers, Authors and Publishers (hereafter referred to as the society), and two New York corporations, Remick Music Corporation and Mills Music, Inc. Each of the corporate plaintiffs is owner of a copyrighted song in respect to which the exclusive rights of public performance for profit were transferred to the society for a term ending January 31, 1936. The bill of complaint charged in two counts, each of which dealt with one of the copyrighted songs, that the defendant Elm Lodge committed an infringement for profit of the copyrighted music without the consent of the plaintiffs at a place of entertainment operated by the defendant within the Northern District of New York. The prayer was for an injunction and damages. After answering, the defendant moved to dismiss the bill for multifariousness and misjoinder of parties plaintiff because it appeared on the face of the bill that neither corporate plaintiff had any interest in the copyright owned by the other. The motion was granted upon the authority of Buck v. Kloeppel, 10 F. Supp. 345 (D.C.S.D.Fla.).