Page:Freudenthal v. Hebrew Publishing.pdf/1



Action by Joseph Freudenthal, doing business under the firm name and style of Transcontinental Music Company, against Hebrew Publishing Company and another, to restrain infringement of a copyright of a musical composition and for damages.

Judgment for plaintiff.

Leonard Zissu, of New York City, for plaintiff.

Philip Wittenberg, of New York City, for defendants.

BRIGHT, District Judge.

This action is brought to restrain an infringement of a copyright of a musical composition and for damages. The complaint is framed in two causes of action. Both allege that between January 1, 1934, and May 16, 1939, Sh. Shalom and Moshe Rappaport, citizens of Palestine, created, composed and wrote, respectively the text and music of a musical composition entitled Hora Haemek Hu Chalom, that on May 16, 1939, plaintiff received from the Register of Copyrights a certificate of registration for the composition. The first cause of action alleges an infringement of the copyright by the publication and sale of a book entitled “Manginoth Shirenynu”, which contained virtually a complete copy of the text and music. The second cause of action alleges such infringement by the