Broadway Danny Rose

(1984)   Tags: Orion

SBK Catalogue Partnership v. Orion Pictures

This action stems from an alleged copyright infringement of the musical composition “Pepino, The Italian Mouse”.  Plaintiffs claim that the Woody Allen film entitled “Broadway Danny Rose” composed a song called “Agita”, which infringed the copyright of “Pepino”.

Judgment: ORDERED that the Partnership’s motion for summary judgment be and hereby is denied with regard to all of its crossclaims; and it is further ORDERED that the composers be and hereby are granted summary judgment on the Partnership’s abuse of process crossclaim; and it is further ORDERED that the Partnership’s cross-motion for summary judgment on the composers’ breach of fiduciary crossclaim be and hereby is granted, and the composers’ cross-motion for summary judgment on this claim be and hereby is denied; and it is further ORDERED that the Partnership’s motion for sanctions pursuant to Fed.R.Civ.P. 11 or 19 U.S.C. § 1927 be and hereby is denied; and it is further ORDERED that the composers’ motion for Rule 37 sanctions be and hereby is denied.