Legal Opinion
Smith v. Paul
California Court of Appeal
Decided October 27, 1959No. Civ. 18372PublishedCited by 29 opinions
1Opinion of the CourtBray, P. J.
Plaintiff appeals on the judgment roll alone from a judgment in favor of defendants.
Questions Presented
1. Does a designer have a common-law copyright in plans for a house prepared by him?
2. Does the filing of the plans in a county office as required by law to obtain a building permit constitute a publication divesting plaintiff of his common-law copyright
(This is a ease of first impression in California.)
Facts
Plaintiff, although not a licensed architect, is engaged in the business of designing homes. In his complaint he alleged that defendants were constructing a house, using, without his…
2Cases cited23 opinions
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Weitzenkorn v. LesserCalifornia Supreme Court · 1953
- Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
18 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Craemer v. Superior CourtCalifornia Court of Appeal · 1968
- Jones v. SpindelCourt of Appeals of Georgia · 1973
- Aitken, Hazen, Hoffman, Miller, P. C. v. Empire Construction Co.District Court, D. Nebraska · 1982
- Seay v. VialpandoWyoming Supreme Court · 1977
- DeSilva Construction Corp. v. HerraldDistrict Court, M.D. Florida · 1962
24 more not listed; retrieve them via the Exa API.