Burroughs v. Metro-Goldwyn-Mayer, Inc.

KEARSE, Circuit Judge:

This is an appeal by plaintiffs, who are the heirs of author Edgar Rice Burroughs (“Burroughs”) and Edgar Rice Burroughs, Inc. (“ERB, Inc.”), the corporation Burroughs formed to own, license, and control the rights in his literary works, from a judgment of the United States District Court for the Southern District of New York, Henry F. Werker, Judge, entered on cross-motions for summary judgment, denying plaintiffs’ request for injunctive relief and dismissing the complaint. 519 F.Supp. 388. Plaintiffs contended that the 1981 film Tarzan, the Ape Man, produced by…