Legal Opinion

Gene Miller v. Universal City Studios, Inc.

Court of Appeals for the Fifth Circuit

Decided July 23, 1981No. 78-3772PublishedCited by 208 opinions

1Opinion of the Court

RONEY, Circuit Judge:

A sensational kidnapping, committed over a decade ago, furnishes the factual backdrop for this copyright infringement suit. The issue is whether a made-for-television movie dramatizing the crime infringes upon a copyrighted book depicting the unsuccessful ransom attempt. After careful and lengthy study and consideration, we conclude that the verdict for plaintiff must be reversed and the cause remanded for a new trial because at the request of plaintiff and over defendants’ objection, the case was presented and argued to the jury on a false premise: that the labor of…

2Cases cited39 opinions

  1. International News Service v. Associated PressSupreme Court of the United States · 1919
  2. Wilma Virginia Ferguson v. National Broadcasting Company, Inc.Court of Appeals for the Fifth Circuit · 1978
  3. F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
  4. Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
  5. Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978

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3Cited by208 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Busby v. City of OrlandoCourt of Appeals for the Eleventh Circuit · 1991
  3. Morgan v. Family Dollar Stores, Inc.Court of Appeals for the Eleventh Circuit · 2008
  4. Willard Rushing and Patricia Rushing v. Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1999
  5. Darrell Taylor, D/B/A Darrell Taylor Topographic Charts v. Joseph B. Meirick, D/B/A Lakes IllustratedCourt of Appeals for the Seventh Circuit · 1983

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