Lumiere v. Pathé Exchange, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the South'efin District of New York. Suit in Equity by Samuel Lumiere against the Pathé Exchange, Inc., and others. From a decree of dismissal without prejudice, both parties appeal.
1Opinion of the Court
WARD, Circuit Judge.
August 26, 1919, this bill was filed with a prayer for an injunction and an accounting on the ground of infringement of copyright of three photographs taken by the plaintiff of Dolores Cassinelli, a motion picture actress, and copyrighted by him.
April 17, 1920, Judge Learned Hand dismissed tire bill without costs or prejudice and with leave to commence a new action. All the parties , have appealed, each contending that the decree, should have been on the merits in his or its favor.
[I] Whoever employs a photographer to take his picture for pay is entitled to the copyright…
2Cases cited3 opinions
- Gross v. SeligmanCourt of Appeals for the Second Circuit · 1914
- Press Pub. Co. v. FalkU.S. Circuit Court for the District of Southern New York · 1894
- Altman v. New Haven Union Co.District Court, D. Connecticut · 1918
3Cited by18 opinions
- Washingtonian Publishing Co. v. PearsonSupreme Court of the United States · 1939
- Cortes-Ramos v. Martin-MoralesCourt of Appeals for the First Circuit · 2020
- Yardley v. Houghton Mifflin Co.Court of Appeals for the Second Circuit · 1939
- Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.Court of Appeals for the Second Circuit · 1958
- Easter Seal Society for Crippled Children and Adults of Louisiana, Inc. v. Playboy EnterprisesCourt of Appeals for the Fifth Circuit · 1987
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