Société Des Films Menchen v. Vitagraph 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 the Société Des Films Menchen against the Vita-graph Company of America and others. From a decree dismissing the bill, complainant appeals. In 1909 De Groisset and Leblanc, citizens of France, copyrighted in the United States a drama entitled, “Arsene Lupin.”
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Société Des Films Menchen against the Vita-graph Company of America and others. From a decree dismissing the bill, complainant appeals. In 1909 De Groisset and Leblanc, citizens of France, copyrighted in the United States a drama entitled, “Arsene Lupin.” Leblanc is the author of a series of stories, in all of which the same leading character appeared, and known as the “Arsene Lupin Stories.” In 1913 Leblanc agreed in writing with Monchen (plaintiff's assignor) that he “transfers…
1Opinion of the CourtHough, Circuit Judge
(after slating the facts as above). [1,2] This action must be based on violation of some copyright, owned by plaintiff, and be brought by virtue of the statute regulating copyrights, or it asserts that defendants are contravening some equitable right of plaintiff’ and rests jurisdiction on diversity of citizenship. The language of the bill, construed by the contracts appended to and made part thereof, leaves us in considerable doubt as to the pleader’s intention.
Viewed as a copyright bill it must rest either on the registration of 1909 as to the drama or “stage play,” or that of 1916, by…
2Cases cited3 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Photo-Drama Motion Picture Co. v. Social Uplift Film Corp.Court of Appeals for the Second Circuit · 1915
- Harper & Bros. v. Kalem Co.Court of Appeals for the Second Circuit · 1909
3Cited by5 opinions
- Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
- Loew's Inc. v. Superior CourtCalifornia Supreme Court · 1941
- De Croisset v. Vitagraph Co. of AmericaCourt of Appeals for the Second Circuit · 1919
- Jerome v. Twentieth Century Fox Film Corp.District Court, S.D. New York · 1945
- Stone v. HutchisonCourt of Appeals of Texas · 1954