Fitch v. Young
District Court, S.D. New York
In Equity. Suit by Alice M. Fitch, as sole executrix of William C. Fitch, against Courtland H. Young and another. Suit upon a copyright injunction and incidental remedies. The j)laintif£ is executor of one William G. Fitch, who was residuary legatee and executor of the playwright, Clyde Fitch, and the case may be regarded as though Clyde Fitch were living and were the plaintiff.
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In Equity. Suit by Alice M. Fitch, as sole executrix of William C. Fitch, against Courtland H. Young and another. Suit upon a copyright injunction and incidental remedies. The j)laintif£ is executor of one William G. Fitch, who was residuary legatee and executor of the playwright, Clyde Fitch, and the case may be regarded as though Clyde Fitch were living and were the plaintiff. He wrote a play called “Truth,” which he assigned to the MacMillan Company, which took out a copyright on June 5, 1907, and published the same in book form. In the notice of copyright the MacMillan Company declared…
1Opinion of the CourtEearned Hand, District Judge
(after stating the facts as above). [1] The second point raised by the defendant seems to me determinative of the case. I think that play right and copyright are quite distinct under the statute, in spite of the fact that printed publication will forfeit both, and that one statutory copyright will protect both. If so, Clyde Fitch was justified in reserving his common-law play right from the original assignment to the MacMillan Company, and they could, by the necessary formalities on the printed play, create a statutory play right, which they held in trust for him, and a statutory copyright…
2Cases cited5 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- New Fiction Pub. Co. v. Star Co.District Court, S.D. New York · 1915
- Brown v. LanyonCourt of Appeals for the Eighth Circuit · 1906
- Dam v. Kirke La Shelle Co.U.S. Circuit Court for the District of Southern New York · 1908
3Cited by9 opinions
- Greenbie v. NobleDistrict Court, S.D. New York · 1957
- Richard S. Prather v. Neva Paperbacks, Inc., Playtime Books, Ltd., United Graphics, Inc., and Stanley R. SchragCourt of Appeals for the Fifth Circuit · 1969
- Fields v. Comm'rUnited States Tax Court · 1950
- Public Ledger v. New York TimesDistrict Court, S.D. New York · 1921
- Wodehouse v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1948
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