Dam v. Kirk La Shelle Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Souths ern District of New York. Suit in equity by Dorothy Dorr Dam against the Kirk Da Shelle Company. Decree for complainant (1GG Fed. «89), and defendant appeals. This was a suit in equity brought in February, 1!)(!(!, by Henry J. W. Dam t:o restrain an alleged infringement of ¡1 copyright.
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Appeal from the Circuit Court of the United States for the Souths ern District of New York. Suit in equity by Dorothy Dorr Dam against the Kirk Da Shelle Company. Decree for complainant (1GG Fed. «89), and defendant appeals. This was a suit in equity brought in February, 1!)(!(!, by Henry J. W. Dam t:o restrain an alleged infringement of ¡1 copyright. The original complainant died in April, 190fi, and the suit was subsequently revived in the name of the administratrix of his estate, the present complainant. The Circuit Court: held that the defendant had infringed the copyright in question and…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The first question of law arising upon the foregoing facts is whether the Ess Ess’ Publishing Company by virtue of its transaction with Dam became the absolute proprietor of the story in question or acquired merely the right to publish it in the Smart Set magazine. If the statement made by Dam in his original bill and his affidavit could be accepted as correctly defining the rights of the parties, the publishing company acquired only a qualified right to the story. But the entire transaction with respect to the acquisition of the story by the publishing…
Also in this document: Per curiam.
2Cases cited10 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Callaghan v. MyersSupreme Court of the United States · 1888
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Belford v. ScribnerSupreme Court of the United States · 1892
- Mifflin v. R. H. White Co.Supreme Court of the United States · 1903
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3Cited by46 opinions
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
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- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
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