Daly v. Webster
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In Equity. Suit by Augustin Daly against George P. Webster and William A. Brady, impleaded with Henry C. Miner, for infringement of copyright ■ Tie circuit court dismissed tie bill. Complainant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the Southern District of New York. In Equity. Suit by Augustin Daly against George P. Webster and William A. Brady, impleaded with Henry C. Miner, for infringement of copyright ■ Tie circuit court dismissed tie bill. Complainant appeals. The bill alleged that complainant was the author and owner of the copyright of the play entitled “Under the Gaslight,” copyrighted August 1, 1867, under the act of February 3, 1S31, (4 Stat. 436;) that the play had been very successful and popular; that the cause of its success was the originality and…
1Per curiam
This is a suit to enjoin the defendants from producing a portion of a' play entitled “After Dark.” and written *485by one Dion Boucicault, on tie ground that such portion is a colorable imita lion of a scene in a copyrighted play written by the complainant, and entitled “Under the Gaslight.”
The law regulating copyrights requires, as a condition indispensable to its creation, and to the existence of any literary property in a. published work, that there he deposited before publication, in the proper oilier', “a printed copy of the title of the book,” etc. The circuit court, in the case at bar,…
2Cases cited2 opinions
- Evanston v. GunnSupreme Court of the United States · 1879
- Daly v. PalmerU.S. Circuit Court for the District of Southern New York · 1868
3Cited by20 opinions
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
- Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
15 more not listed; retrieve them via the Exa API.