Davies v. Bowes
District Court, S.D. New York
In Equity, Suit by Acton Davies against Edward J. Bowes for infringement of a copyright. On final hearing. For purposes of argument, the following assumptions of fact are made: They are in accord with the contentions of complainant and are therefore most favorable to him. If, however, decision were put upon other points, some further investigation of the facts would be necessary. In June, 1908, Davies was in the employment of a newspaper, the Evening Sun.
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In Equity, Suit by Acton Davies against Edward J. Bowes for infringement of a copyright. On final hearing. For purposes of argument, the following assumptions of fact are made: They are in accord with the contentions of complainant and are therefore most favorable to him. If, however, decision were put upon other points, some further investigation of the facts would be necessary. In June, 1908, Davies was in the employment of a newspaper, the Evening Sun. It was his especial duty to provide theatrical news and criticism; he also wrote short stories. At the time mentioned, he wrote, and the…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). Complainant’s contention is that this case is on all fours with Dam v. Kirke Da Shelle Co., 175 Fed. 902, 99 C. C. A. 392, 41 D. R. A. (N. S.) 1002, 20 Ann. Cas. 1173. This may be so if (and only if) the Evening Sun obtained the protection of copyright in the matter written by Davies.
[1] The rights of this complainant are, of course, to be measured by those of his assignor.
[2] The rights of the Sun must depend upon the language of the statute in force at the time of publication, viz., Rev. St. 4952, as amended in 1891 (U. S. Comp. St. 1901, p. 3406).
[3] Of…
2Cases cited2 opinions
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Tribune Co. of Chicago v. Associated PressU.S. Circuit Court for the Northern District of Illnois · 1900
3Cited by12 opinions
- Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- Greenbie v. NobleDistrict Court, S.D. New York · 1957
- Affiliated Enterprises, Inc. v. GruberCourt of Appeals for the First Circuit · 1936
- Becker v. Loew's, Inc.Court of Appeals for the Seventh Circuit · 1943
- Freudenthal v. Hebrew Pub. Co.District Court, S.D. New York · 1942
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