Miller v. Universal Pictures Co.

Burke, J. (dissenting).

The majority would affirm a decision of the Appellate Division reversing Special and Trial Term and dismissing a complaint on the ground that where a licensor does not have “ property ” rights in an intellectual product, so far as the Copyright Act and the general rules of common law are concerned, he must show that the licensee expressly covenanted that it would not use the granted rights in media other than that in which rights are granted: In other words, from now on the scope of a grant in a license contract depends not on the parties ’ intention which is reflected…