Edgar Rice Burroughs, Inc. v. Metro-Goldwyn-Mayer, Inc.

In April 1931, plaintiff executed a contract granting MGM the right to create and write an original story using the character, Tarzan, and to produce a photoplay based thereon. Thereafter, it wrote an original story and produced a photoplay known as the 1932 version of “Tarzan, the Ape Man” (hereinafter referred to as the first photoplay). Under Paragraph 14 of the contract, MGM had the “right to reissue said first photoplay, and likewise to remake said first photo-play and also to produce additional photoplays based on said story. Metro agrees, however, that all remakes of the first…