Brady v. Daly
Court of Appeals for the Second Circuit
In Error to the Circuit.Court of the United States for the Southern District of New York. This case comes here upon a writ of error brought by the defendant below to review a judgment rendered in the circuit court in favor of the plaintiff.
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In Error to the Circuit.Court of the United States for the Southern District of New York. This case comes here upon a writ of error brought by the defendant below to review a judgment rendered in the circuit court in favor of the plaintiff. The action was brought under section 4966, Rev. St. U. S., which provides that any person publicly performing or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, shall be liable for damages therefor; such damages in all eases to be assessed at such sum, not less than §100 for the…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). There are 84 assignments of error, but it will be necessary to discuss only those which are relied upon in the brief of plaintiff in error.
1. It is contended that the penalty is incurred only when substantially the whole of a copyrighted play is reproduced. This contention, however, has heen already disposed of by this court. The penalty of the statute is imposed when “any dramatic composition for which a copyright has heen obtained” is publicly performed without the consent of the owner. In Daly v. Webster, 1 U. S. App. 573, 4 C. C. A. 10, 56 Fed. 483, we held the…
2Cases cited1 opinion
- Daly v. WebsterCourt of Appeals for the Second Circuit · 1892
3Cited by8 opinions
- Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
- Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
- Chappell & Co. v. FieldsCourt of Appeals for the Second Circuit · 1914
- Herbert v. Shanley Co.District Court, S.D. New York · 1915
- Bourne Co. v. SpeeksDistrict Court, E.D. Tennessee · 1987
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