Edward B. Marks Music Corp. v. Jerry Vogel Music Co‪.‬

This appeal is from a judgment for the plaintiff in an action to enjoin infringement of the renewed copyright in a song, entitled "The Bird on Nellies Hat." Lamb, a British subject, wrote the words for the song, and later, Solman wrote the music without Lambs cooperation. Both assigned their rights to Joseph W. Stern & Co., Inc., a publishing company, which thereafter copyrighted the song on September 17, 1906, as a "musical composition", and this copyright came by mesne assignment to the plaintiff. Lamb died before the expiration of the copyright, and never made any effort to renew it; but Solman, on September 27, 1933, filed an application, as "renewal owner," for its renewal as a "musical composition", naming himself as author of the music, but also declaring that Lamb had "written" it and he had "composed" it. This renewal Solman assigned to the plaintiff on June 20, 1936. Lamb had married at some time not disclosed, but his widow never applied for renewal, nor does it appear whether he left any children, or whether an executor has ever been appointed for his estate. However, on June 4, 1940, one, Cecil Lamb, a British subject, asserting that he was Lambs brother, assigned to the defendant all of his (Cecil Lambs) right in the renewal of the copyright; and it is under this assignment that the defendant justifies infringement.