Kurlan v. Columbia Broadcasting System, Inc.

CARTER, J.—I dissent.

I concur in the reversal of the judgment but I cannot concur in the greater part of the reasoning and law propounded in the majority opinion.

It is stated by the majority that “Kurlan’s complaint shows that any property interest which McKenney may have had in either the story or characters of ‘My Sister Eileen’ has been lost by publication.” The pleading shows that the story and characters were made public in a play, picture, magazines and books. It also shows that the stories had never been presented on the air and that by written agreement plaintiff’s assignor had…