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Extent of Licences Hoyt Granted
Highest Court D. Massachusetts
Year Ended 1897
Plaintiffs Hoyt, Charles H.
Defendants Music Publisher(s)
Other Harlan, Otis
Short Description Plaintiff Playwright and theatrical manager commissioned Richard Stahl to write the song "Sweet Daisy Stokes for a play, and licensed Defendants to publish the music and lyrics for a 5-cent royalty. When Plaintiff sought to have the lyrics to the song published in media for advertising purposes, Defendants sued for copyright infringement, arguing that they had registered the copyright for the composition without Plaintiff's knowledge. Initially a contract case, this case was moved to federal court based upon copyright jurisdiction, but was remanded. According to the federal opinion, the issue of whether the initial interaction between the parties classified as an assignment of Plaintiff's copyright was an issue of contract interpretation, and should be the province of state courts. In such a case, judgment should be for Plaintiff, with costs taxed to Defendant for the removal. - LSW & SKR

Legal Issues
Civil Procedure Interlocutory Orders Preliminary Injunction
Conflicts of Law Jurisdiction & Forum Federal Removal Jurisdiction
    Subject Matter Jurisdiction
Copyrights Infringement Reproduction & Distribution/Dissemination
  Ownership Assignments, Licenses & Renewal Rights
    Registration & Formalities


Opinions Hoyt v. Bates
81 F. 641
D. Massachusetts , July 03, 1897 ( No. 751 )


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Related Searches Parties
Harlan, Otis ( Other )
Hoyt, Charles H. ( Plaintiff )
Music Publisher(s) ( Defendant )

Legal Issues
Civil Procedure / Interlocutory Orders / Preliminary Injunction
Conflicts of Law / Jurisdiction & Forum / Federal Removal Jurisdiction
Conflicts of Law / Jurisdiction & Forum / Subject Matter Jurisdiction
Copyrights / Infringement / Reproduction & Distribution/Dissemination
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
Copyrights / Ownership / Registration & Formalities

Courts
D. Massachusetts (highest court)


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