Klein v. Beach
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Philip Klein, as executor, and Lilian Klein, as executrix, of the last will' and testament of Charles Klein, deceásed, against Rex Beach and the Selig Polyscope Company, Incorporated. From a decree dismissing the complaint as against defendant Selig Polyscope Company, Incorporated (232 Fed. 240), complainants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Philip Klein, as executor, and Lilian Klein, as executrix, of the last will' and testament of Charles Klein, deceásed, against Rex Beach and the Selig Polyscope Company, Incorporated. From a decree dismissing the complaint as against defendant Selig Polyscope Company, Incorporated (232 Fed. 240), complainants appeal. The decree below dismissed the complaint as against the defendant Selig Polyscope Company, Incorporated, on motion. The plaintiff, who held rights from the defendant Beach under a…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The turning point in this case is the scope of the grant, whether by its terms it conferred upon Klein dramatic rights in the larger sense, including presentation, not only by living actors, but also by motion pictures, or whether it was limited to “the stage” proper. The actual words of grant are these:
“The sole and exclusive right to dramatize the said book for presentation on the stage.”
The plaintiff insists, in view of Kalem Co. v. Harper, 222 U. S. 55, 32 Sup. Ct. 20, 56 L. Ed. 92, Ann. Cas. 1913A, 1285, and Frohman v. Fitch, 164 App. Div. 232, 149…
2Cases cited3 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Harper Bros. v. KlawDistrict Court, S.D. New York · 1916
- Frohman v. FitchAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by12 opinions
- Piantadosi v. Loew's Inc.Court of Appeals for the Ninth Circuit · 1943
- Tiffany Productions, Inc. v. DewingDistrict Court, D. Maryland · 1931
- Denker v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1961
- Manners v. MoroscoCourt of Appeals for the Second Circuit · 1919
- Brown v. Republic Productions, Inc.California Supreme Court · 1945
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