American Lithographic Co. v. Werckmeister
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 cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, in favor of defendant in error for $10,000, penalties for violation of section 4965, Rev. St. [U. S. Comp. St. 1901, p. 3414], one-half to plaintiff and one-half to the United States.
1Per curiam
The copyright in question relates to the picture Chorus, which was the subject of the litigation covered by our decision in American Tobacco Company v. Werckmeister (filed to-day) 146 Fed. 375. Reference may be had thereto for the disposition of several of the points (assignment of copyright, requirements as to giving notice, etc.) which are urged upon the present appeal.
The complainant alleges a sale of 30,100 copies of the copyrighted painting. None of these were found in the possession of defendant at the time of beginning action, under any process or otherwise. Defendant insists that for…
2Cases cited4 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Bolles v. Outing Co.Supreme Court of the United States · 1899
- Thornton v. SchreiberSupreme Court of the United States · 1888
- American Tobacco Co. v. WerckmeisterCourt of Appeals for the Second Circuit · 1906
3Cited by1 opinion
- American Lithographic Co. v. WerckmeisterCourt of Appeals for the Second Circuit · 1908