Legal Opinion

Daly v. Palmer

U.S. Circuit Court for the District of Southern New York

Decided December 15, 1868PublishedCited by 21 opinions

In equity. ' This was an application [by Augustin Daly] for a provisional injunction to restrain the defendants [Henry D. Palmer and Henry C. Jarrett] from the public performance and representation, and from the sale for dramatic representation, of a scene called the “Railroad Scene,” in a play called “After Dark.”

1Opinion of the Court

BLATCHFORD, District Judge.

The plaintiff is, by profession, a dramatic author, his business being to compose, write, and produce on the theatrical stage, dramatic compositions, commonly called plays. The defendants are the managers of a public place of theatrical amusement in the city of New York, called “Niblo’s Garden.” Before the 1st of August, 1SC7, the plaintiff composed and wrote a dramatic composition called “Under the Gaslight,” and on that day he took the proper steps to secure to himself a copyright for the composition, under the provisions of the act of February 3, 1831 (4 Stat.…

2Cases cited1 opinion

  1. Brackenridge v. HollandIndiana Supreme Court · 1830

3Cited by21 opinions

  1. Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
  2. Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
  3. Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
  4. Shipman v. R.K.O. Radio Pictures, Inc.Court of Appeals for the Second Circuit · 1938
  5. Vmg Salsoul, LLC v. Madonna CicconeCourt of Appeals for the Ninth Circuit · 2016

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