London v. Biograph Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Jack London against the Biograph Company. Decree for complainant, and defendant appeals. This cause comes here upon appeal from a decree in favor of complainant in a suit brought under the Copyright Act.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Jack London against the Biograph Company. Decree for complainant, and defendant appeals. This cause comes here upon appeal from a decree in favor of complainant in a suit brought under the Copyright Act. The decree awarded a permanent injunction against the production of certain motion pictures and the manufacture or sale of films therefor; it also adjudged payment of damages by the defendant in the sum of $250, with a similar amount for complainant’s attorney’s fee.
1Opinion of the Court
LACOMBE, Circuit Judge.
The complainant in 1906 wrote a short story entitled “Just Meat,” which he sold to the Magazine Company. It was published in the magazine and duly protected by copyright, secured by the company. Defendant prepared and exhibited in motion pictures a dramatic story, the scenes of which closely resembled those described in the story. The motion picture is entitled “Love of Gold.”
The bill alleged that complainant was “the author of a certain original story entitled ‘Just Meat’ ”; defendant traversed that allegation by an express denial. Under our decision in Bosselman v.…
2Cases cited1 opinion
- Bosselman v. RichardsonCourt of Appeals for the Second Circuit · 1909
3Cited by24 opinions
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
- Cain v. Universal Pictures Co.District Court, S.D. California · 1942
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