White v. Kimmell

HEALY, Circuit Judge.

Appellant sought a declaratory judgment that a manuscript entitled “Gaelic,” authored by Stewart Edward White, and a certain book by the same author entitled “The Job of Living,” based on the Gaelic manuscript and quoting from it, are in the public domain and may be quoted without infringement of the copyright claimed by appellee Kimmell or the common-law proprietary rights claimed by her in Gaelic. For convenience appellant will be referred to as the plaintiff, appellee Kimmell as the defendant, and Stewart Edward White as White.

Some preliminary attention should be given…