Legal Opinion
Scherr v. Universal Match Corporation
District Court, S.D. New York
Decided September 18, 1967No. 64 Civ. 3377PublishedCited by 3 opinions
1Opinion of the Court
McGOHEY, District Judge.
The defendants in this copyright infringement action moved for summary judgment dismissing the complaint on the ground that the subject matter, a statue made at Government expense by soldiers assigned to do so while on active military duty, is a publication of the United States Government and thus is not copyrightable; 1 and that in any event the claimed copyright is invalid for failure of the plaintiffs to affix an adequate notice of copyright to the statue. 2 The latter depicts a charging infantryman in battle dress and is entitled “The Ultimate Weapon.”
The action…
2Cases cited17 opinions
- Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
- Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
- United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
- Flick-Reedy Corporation v. Hydro-Line Manufacturing Company, Flick-Reedy Corporation v. Hydro-Line Manufacturing CompanyCourt of Appeals for the Seventh Circuit · 1965
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3Cited by3 opinions
- Stuart Scherr and Steven Goodman v. Universal Match Corporation and United States of AmericaCourt of Appeals for the Second Circuit · 1969
- Nixon v. SampsonDistrict Court, District of Columbia · 1975
- Stuart Scherr and Steven Goodman v. Universal Match Corporation and United States of AmericaCourt of Appeals for the Second Circuit · 1969