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Italian Books Co. v. Rossi
United States District Court for the Southern District of New York
27 F.2d 1014 (1928)
- Written by Sarah Holley, JD
Facts
During a sailing trip, Paolo Citorello, a Sicilian sailor, sang a Sicilian folk song he had heard long before. Citorello did not know how to read music and only sang those parts he could remember; what he could not remember he improvised. Citorello claimed the song as his own composition and obtained a copyright, which he then assigned to Italian Books Co. (plaintiff). Rossi (defendant) copied Citorello’s song, claiming it was an old Sicilian folk song, the words of which were published as early as 1871.
Rule of Law
Issue
Holding and Reasoning (Thacher, J.)
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