American Tobacco 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 a writ of error to review a judgment of the Circuit Court, Southern District of New York, in favor of defendant in error, who was plaintiff below.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error to review a judgment of the Circuit Court, Southern District of New York, in favor of defendant in error, who was plaintiff below. The court adjudged that “plaintiff have and retain, and is entitled to the possession of, 1,196 sheets, each containing copy of plaintiff’s copyrighted picture Chorus, found in the possession of defendant, and replevied by the U. S. Marshal; said sheets having been made in violation of plaintiff’s copyright, and that the same are…
1Per curiam
It is contended that plaintiff had no legal right to take a copyright, that he was not, within the meaning of section 4952 [U. S. Comp. St. 1901, p. 3406], an “assign” of the author, and that ho one but the author or proprietor of the original painting is entitled, to take a copyright. This point has been fully discussed by Judge Putnam in Werckmeister v. Pierce & Bushnell Co. (C. C.) 63 Fed. 455, and by Judge Holt in Werckmeister v. Am. Lithographic Co. (C. C.) 142 Fed. 827. We concur in their conclusions, and are of the opinion that plaintiff secured a statutory copyright.
It is .next…
2Cases cited6 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Bolles v. Outing Co.Supreme Court of the United States · 1899
- Bolles v. Outing Co.Court of Appeals for the Second Circuit · 1897
- Pierce & Bushnell Manuf'g Co. v. WerckmeisterCourt of Appeals for the First Circuit · 1896
- Werckmeister v. Pierce & Bushnell Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1894
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3Cited by5 opinions
- United States v. New York Telephone Co.Supreme Court of the United States · 1977
- American Lithographic Co. v. WerckmeisterCourt of Appeals for the Second Circuit · 1906
- Richardson v. BosselmanU.S. Circuit Court for the District of Southern New York · 1907
- Stern v. RemickU.S. Circuit Court for the District of Southern New York · 1908
- United States v. New York Telephone Co.Supreme Court of the United States · 1977