Legal Opinion
Nichols v. Universal Pictures Corporation
Court of Appeals for the Second Circuit
Decided November 10, 1930No. 4PublishedCited by 355 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The plaintiff is the author of a play, “Abie’s Irish Rose,” which it may be assumed was properly copyrighted under section five, subdivision (d), of the Copyright Act, 17 USCA § 5 (d). The defendant produced puM liely a motion picture play, “The Cohens and The Kellys,” which the plaintiff alleges was taken from it. As we think the defendant’s play too unlike the plaintiff’s to be an infringement, we may assume, arguendo-, that in some details the defendant used the plaintiff’s play, as will subsequently appear, though we do not so decide. It therefore becomes necessary…
2Cases cited11 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Holmes v. HurstSupreme Court of the United States · 1899
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Fendler v. MoroscoNew York Court of Appeals · 1930
6 more not listed; retrieve them via the Exa API.
3Cited by355 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Computer Associates International, Inc., Plaintiff-Appellant-Cross-Appellee v. Altai, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1992
- Thomas Walker v. Time Life Films, Inc., David Susskind, Gill Champion, Martin Richards and Heywood GouldCourt of Appeals for the Second Circuit · 1986
- Peter F. Gaito Architecture, LLC v. Simone Development Corp.Court of Appeals for the Second Circuit · 2010
- The Gates Rubber Co. v. Bando Chemical Industries, Ltd.Court of Appeals for the Tenth Circuit · 1993
350 more not listed; retrieve them via the Exa API.