Harper Bros. v. Klaw
District Court, S.D. New York
In Equity. Suit by Harper Bros, and Henry h. Wallace against Marc Klaw and Abraham L. Erlanger, to restrain threatened infringement of copyright, with counterclaim for an injunction to restrain violation of contract. On final hearing.
1Opinion of the Court
HOUGH, District Judge.
Plaintiff Wallace owns the copyright of the well-known novel “Ben-Hur,” and Harper Bros, (a New York corporation) that of an authorized dramatization of the romance made in 1899 by one Yopng, who was employed for that purpose by the defendant partners, Klaw-& Erlanger (both New Yorkers), pursuant to a contract the true meaning of which is the ultimate problem presented by this case.
In 1899 Gen.- Wallace’s novel had long enjoyed popularity, and was known to be in many ways suitable for stage representation, with those spectacular accessories which the improved electrical…
2Cases cited9 opinions
- Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Healy v. Sea Gull Specialty Co.Supreme Court of the United States · 1915
- Frohman v. FitchAppellate Division of the Supreme Court of the State of New York · 1914
- Piaget Novelty Co. v. HeadleyCourt of Appeals for the Second Circuit · 1901
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3Cited by35 opinions
- Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
- Parev Products Co. v. I. Rokeach & Sons, Inc.Court of Appeals for the Second Circuit · 1941
- SAS Institute, Inc. v. S & H Computer Systems, Inc.District Court, M.D. Tennessee · 1985
- Uproar Co. v. National Broadcasting Co.District Court, D. Massachusetts · 1934
- Warner Bros. Pictures, Inc. v. Columbia Broadcasting System, Inc.Court of Appeals for the Ninth Circuit · 1954
30 more not listed; retrieve them via the Exa API.