Carl Laemmle Music Co. v. Stern

• Decision Date: 15 December 1914
• Docket Number: 79.
• Citation: 219 F. 534
• Parties: CARL LAEMMLE MUSIC CO. et al. v. STERN et al.
• Court: U.S. Court of Appeals — Second Circuit

219 F. 534

CARL LAEMMLE MUSIC CO. et al. v. STERN et al.

No. 79.

United States Court of Appeals, Second Circuit.

December 15, 1914

Waldo G. Morse and George N. Sage, both of New York City, for appellants.

Theodore B. Richter and Cohen, Creevey & Richter, all of New York City, for appellees.

Before LACOMBE, COXE, and WARD, Circuit Judges.

COXE Circuit Judge.

The complaint alleges that the Carl Laemmle Music Company is the owner of the copyright of a song entitled 'I'll Change the Thorns to Roses. ' That in March, 1911, the defendants commenced an action in the Supreme Court of the State of New York against the Laemmle Company, alleging that they had acquired from the complainant Solman the right to all music which he should compose, including the music of the said song, and that these rights had been violated by the Laemmle Company. The complainant also alleges that the Laemmle Company answered in said action alleging that it had secured all the rights to said song and had copyrighted the same, to which answer the defendants herein interposed a demurrer. Whereupon the state court decided that the facts so pleaded constituted no defense against the claims of the plaintiffs in said action. Thereafter the Carl Laemmle Company pleaded over and the issue so joined was tried and resulted in favor of the plaintiffs in that action, the Carl Laemmle Company being enjoined from publishing the said song 'I'll Change the Thorns to Roses. ' The complaint herein also alleges that, upon the trial of said action in the state court, the Carl Laemmle Company claimed and proved a copyright for said song but notwithstanding this proof the court entered a decree for an injunction and an accounting against the Carl Laemmle Company which judgment was subsequently sustained on appeal. That thereafter an accounting was ordered and is still pending. The complaint also alleges that under the state practice no appeal is allowed from an interlocutory judgment and before the said accounting is concluded and an appeal perfected from the final judgment irreparable damage and injury will be done to the Carl Laemmle Company. It is also alleged that on or about the 25th of February, 1913, the defendants herein, who were plaintiffs in the said action in the state court, commenced an action at law, upon the same facts appearing in the equity action, and demanded judgment in the sum of $10,000 against the defendants who are the plaintiffs in this action. It is also alleged that the time to answer the complaint in this action at law will expire within twenty days from the date of service. The complaint further alleges that by virtue of the copyright to the Carl Laemmle Company it is entitled to protection under the laws of the United States, and in the courts thereof,...