[Download] "Dellar v. Samuel Goldwyn Inc." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Dellar v. Samuel Goldwyn Inc.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 12, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

This appeal comes up upon a motion to dismiss a bill of complaint upon two causes of suit; one, based upon the infringement by a moving picture of the plaintiffs literary property in one version of a play; the other, upon infringement of their copyright in another version: the bill fused both causes into one unseparated narrative.The defendants answered, and the plaintiffs filed interrogatories, one of which demanded the production of a "scenario or synopsis" of the infringing film. After some delay the defendants filed a kind of scenario, known as "a cutting continuity"; and then in their turn demanded a bill of particulars, setting out in what regards the plaintiffs alleged that the film infringed. The plaintiffs filed such a bill, using the "cutting continuity" as a basis. The defendants then moved to dismiss the bill, inviting the judge to compare the "continuity" with the plaintiffs copyrighted and uncopyrighted versions of their play. This he did, and concluded that there was no infringement, even though the defendants had actually taken from the play all those matters in which the film resembled it. The defendants protest against this practice, both because the judge never saw the film itself, and because there was no proof that the "continuity" correctly represented it.

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