Silverman v. Sunrise Pictures Corp.
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 Isaac Silverman against the Sunrise Pictures Corporation. From an order denying a preliminary injunction, plaintiff appeals. Augusta Evans Wilson was the author of numerous books, and particularly one entitled “At the Mercy of Tiberius.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit in Equity by Isaac Silverman against the Sunrise Pictures Corporation. From an order denying a preliminary injunction, plaintiff appeals. Augusta Evans Wilson was the author of numerous books, and particularly one entitled “At the Mercy of Tiberius.” This novel was copyrighted by her publisher, Dillingham, as “proprietor,” and such copyright expired October 32, 1915. Mrs. Wilson died a resident of Mobile, Ala., and testate, in May, 1909, leaving her surviving neither husband, children, nor any…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The single question argued at bar is whether any rights, under the copyright statute (Comp. St. § 9517 et seq.) or otherwise, resulted from the action of a part only of the deceased author’s next of kin.
Mere statement of the scope of discussion eliminates, however, everything but inquiry as to how, when, by whom, and for whom what is called “renewal” of statutory copyright may be obtained; for, whatever is the proper historic view, it is authoritatively settled that in the United States there is no copyright, except that both created and secured by act of…
2Cases cited17 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- Holmes v. HurstSupreme Court of the United States · 1899
- Mining Co. v. TaylorSupreme Court of the United States · 1879
- Rothwell v. DeweesSupreme Court of the United States · 1863
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3Cited by39 opinions
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- G. Ricordi & Co. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1951
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- Shapiro, Bernstein & Co. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1947
34 more not listed; retrieve them via the Exa API.