Brown

The controlling issue in this case is basically the same as that of Brown v. Republic Productions, Inc., ante 867 [ 161 P.2d 796 ], our opinion in which has been this day filed and reference to which is suggested for a statement of pertinent facts. The cases may be said to differ only in that the findings establish that the extent to which portions of the original compositions were incorporated in the revised *875 productions is substantially smaller here. The musical compositions involved are five: “All This and Heaven Too,” “Peek-a-Boo,” “I Could Love You Any Time At All,” “Hunky-Dunky-Dory,” and “Bonita Lolita.”

The court found that plaintiff, and defendants Styne and Meyer, were coauthors and coowners of the music and lyrics of such songs; that prior to publication thereof defendants Styne and Meyer, within the scope of their employment by defendant Republic Productions, Inc., used certain portions of the music and lyrics of the several compositions by incorporating them into other compositions with various titles; that such use was made with full knowledge of plaintiff’s rights in the original compositions; that thereafter defendant Republic Productions, Inc., used the…