Photo Drama Motion Picture Co. v. Social Uplift Film Corp.
District Court, S.D. New York
In Equity. Suit by the Photo Drama Motion Picture Company, Incorporated, against the Social Uplift Film Corporation. Reginald Wright Kauffman, author of the “House of Bondage,” prior to publication assigned his right of copyright to the Moffatt, Yard & Co. The Moffatt, Yard & Co. duly copyrighted the book and thereafter reassigned to the author the dramatic and motion picture rights. On July 12, 1913, by letter, the author granted to one Joseph Byron Totten, rights, etc.
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In Equity. Suit by the Photo Drama Motion Picture Company, Incorporated, against the Social Uplift Film Corporation. Reginald Wright Kauffman, author of the “House of Bondage,” prior to publication assigned his right of copyright to the Moffatt, Yard & Co. The Moffatt, Yard & Co. duly copyrighted the book and thereafter reassigned to the author the dramatic and motion picture rights. On July 12, 1913, by letter, the author granted to one Joseph Byron Totten, rights, etc. See letter following “July 12th, 1913. “Mr. Joseph Byron Totten—Dear Mr. Totten: With the slight corrections that we have…
1Opinion of the Court
HAND, District Judge.
[1,2] The jurisdiction of this court is beyond question, béing dependent only upon -the allegations in the bill that tjie plaintiff is the owner of a statutory copyright and that that copyright has been infringed. The case .must therefore stand or fall on the merits. Both sides concede that Kauffman had by assign*376ment the statutory dramatic rights and the moving picture rights, since each necessarily traces its title to him. Since this is a 'motion for a preliminary injunction, all disputed facts must be resolved against the plaintiff, and I must therefore assume that the…
2Cases cited4 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Zimmerman v. So RelleCourt of Appeals for the Eighth Circuit · 1897
- Gates Iron Works v. FraserSupreme Court of the United States · 1894
- Faulkner v. Empire State Nail Co.Court of Appeals for the Second Circuit · 1895
3Cited by14 opinions
- Goodis v. United Artists Television, Inc.Court of Appeals for the Second Circuit · 1970
- Fields v. Comm'rUnited States Tax Court · 1950
- Behre v. Anchor Ins.Court of Appeals for the Second Circuit · 1924
- Goldwyn Pictures Corp. v. Howells Sales Co., Inc.Court of Appeals for the Second Circuit · 1922
- Herwig v. United StatesUnited States Court of Claims · 1952
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