Stevenson v. Fox

Decision Date04 October 1915
Citation226 F. 990
PartiesSTEVENSON et al. v. FOX et al.
CourtU.S. District Court — Southern District of New York

Nathan Burkan, of New York City, for complainants.

Saul E Rogers, of New York City, for defendants.

LACOMBE Circuit Judge.

Defendants undoubtedly had the right to make an independent translation of their own from the original French play, with such modifications as their own ingenuity might suggest.They had no right, however, to transfer into their adaptation variations from and additions to the French play which were original with Jackson, who first translated it and copyrighted it here.They insist that they took their whole scenario from a book published in this country in English and not copyrighted.That book, however, contains alterations from and additions to the original French play, which first appear in Jackson's copyrighted version.In the absence of any proof from the man who produced that book that he took it wholly from the French version, without conveying into it any of Jackson's original work, it is a fair inference...

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3 cases
  • De Acosta v. Brown
    • United States
    • U.S. Court of Appeals — Second Circuit
    • December 13, 1944
    ...56 S.Ct. 835, 80 L.Ed. 1392; Stodart v. Mutual Film Corp., D.C.S.D.N.Y., 249 F. 507, 509, 510, affirmed 2 Cir., 249 F. 513; Stevenson v. Fox, D.C.S.D.N.Y., 226 F. 990; Banks v. McDivitt, C.C.S.D.N.Y., Fed.Cas.No. 961, Shipman, J.; Folsom v. Marsh, C.C.Mass., Fed.Cas.No. 4,901, Story, J. Def......
  • Hayden v. Chalfant Press, Inc.
    • United States
    • U.S. District Court — Southern District of California
    • September 30, 1959
    ...v. Anderson, C.C.N.Y.1889, 38 F. 846; American Press Ass'n v. Daily Story Pub. Co., 7 Cir., 1902, 120 F. 766, 769-770; Stevenson v. Fox, D.C.N.Y.1915, 226 F. 990; Toksvig v. Bruce Pub. Co., 7 Cir., 1950, 181 F.2d 664, 666-667. 9 W. H. Anderson Co. v. Baldwin Law Pub. Co., supra note 7, 27 F......
  • Hirsch v. Paramount Pictures, 787-Y.
    • United States
    • U.S. District Court — Southern District of California
    • January 16, 1937
    ...v. Davies (C.C.Mass.1845) 8 Fed.Cas. p. 615, No. 4,436; Gray v. Russell (C.C.Mass. 1839) 10 Fed.Cas. p. 1035, No. 5,728; Stevenson v. Fox (D.C.N.Y.1915) 226 F. 990; American Code Company v. Bensinger (C.C.A.2, 1922) 282 F. 829; Gerlach-Barklow Co. v. Morris & Bendien, Inc. (C.C.A. 2, 1927) ......

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