Kalem Co. v. Harper Brothers
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The Court of Appeals was right in affirming the proposer tion that the making and publication of a series of pictures of the incidents, described in a book is not an infringement of a copyright in the book.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The Court of Appeals was right in affirming the proposer tion that the making and publication of a series of pictures of the incidents, described in a book is not an infringement of a copyright in the book. Copyright does not monopolize the intellectual conception, but only the form of expression, i. e., the “arrangement of words,” Holmes v. Hurst, 174 U. S. 86, adopted by the author. It is the writings-’of the author that are protected, and the statute cannot extend the monopoly to his…
1Opinion of the CourtJustice Holmes
This is an appeal from a decree restraining an alleged infringement of the copyright upon the late General Lew Wallace’s book ‘Ben Hur..’ 169 Fed. Rep. 61. 94 C. C. A. 429. The case was heard on the pleadings' and an agreed statement of facts, and the only issue is whether those facts constitute an infringement of the copyright upon the book. So far as they need to be stated here they are as follows. The appellant and defendant, the Kalem Company, is engaged in the production of moving picture films, the operation and effect of which are too well known to require description. By means of them…
2Cases cited3 opinions
- Thelusson v. SmithSupreme Court of the United States · 1817
- Daly v. PalmerU.S. Circuit Court for the District of Southern New York · 1868
- Harper & Bros. v. Kalem Co.Court of Appeals for the Second Circuit · 1909
3Cited by111 opinions
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Mazer v. SteinSupreme Court of the United States · 1954
- Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.Supreme Court of the United States · 2005
- Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
- Mutual Film Corp. v. Industrial Commission of OhioSupreme Court of the United States · 1915
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