Gross v. Van Dyk Gravure 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 Edward Gross and Jacob Gross against the Van Dyk Gravure Company and others. Decree for complainants, and the named defendant appeals. The opinion below of Learned Hand, District Judge, is as follows: As this case now comes up, the issue of infringement is conclusively established by the decision of the Circuit Court of Appeals.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Edward Gross and Jacob Gross against the Van Dyk Gravure Company and others. Decree for complainants, and the named defendant appeals. The opinion below of Learned Hand, District Judge, is as follows: As this case now comes up, the issue of infringement is conclusively established by the decision of the Circuit Court of Appeals. There remains for the substance of dispute the following facts developed at the hearing: Rochlitz took two photographs of a nude model, each in the same pose…
1Opinion of the Court
LACOMBE, Circuit Judge.
The validity of the copyright of complainant’s photograph entitled the “Grace of Youth,” and infringement thereof by the photograph entitled “Cherry Ripe,” which was made, printed, and sold by the defendants, were established by our former decision in Gross v. Seligman, 212 Fed. 930, 129 C. C. A. 450.
This action is to recover damages for infringement against the appellant and the other defendant as joint and several tort-feasors. Copyright Act, § 25 (Comp. St. 1913, § 9546), provides that any person who shall infringe shall be liable—
“to pay to the copyright proprietor…
2Cases cited1 opinion
- Gross v. SeligmanCourt of Appeals for the Second Circuit · 1914
3Cited by32 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
- Sammons v. Colonial Press, Inc.Court of Appeals for the First Circuit · 1942
- Haas v. Leo Feist, Inc.District Court, S.D. New York · 1916
27 more not listed; retrieve them via the Exa API.