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EPOCH PRODUCING CORPORATION v. KILLIAM SHOWS, INC.

Nos. 246, 247, 390, Dockets 73-2795, 74-1269, 74-1425.

522 F.2d 737 (1975)

EPOCH PRODUCING CORPORATION, Plaintiff-Appellee and Cross-Appellant, v. KILLIAM SHOWS, INC., et al., Defendants-Appellants and Cross-Appellees. KILLIAM SHOWS, INC., et al., Third-Party Plaintiffs-Appellants, v. Raymond ROHAUER and Jay Ward Productions, Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 13, 1975.

Attorney(s) appearing for the Case

Jeffrey Squires, Washington, D. C., Peter Jaszi, Chevy Chase, Md. (Goldfarb & Singer, Washington, D. C., Edward A. Sargoy, New York City, of counsel), for defendants-appellants, cross-appellees, and third-party plaintiffs-appellants.

Louis Jobrack, New York City (Isadore B. Hurwitz, New York City, of counsel), for plaintiff-appellee and cross-appellant and third-party appellees.

Gerald Meyer, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Melville B. Nimmer, Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., of counsel), for amicus curiae Columbia Pictures Industries, Inc., and others.

Before MOORE and MANSFIELD, Circuit Judges, and HOLDEN, District Judge.

MANSFIELD, Circuit Judge:

The central issue presented by this appeal is the validity of a renewal copyright in D. W. Griffith's famous film classic The Birth of a Nation ("The Birth"), which was a pioneer in the field of full-length feature motion pictures. The renewal was issued in 1942 by the Copyright Office to Epoch Producing Corporation ("Epoch"), which in 1969 brought suit in the Southern District of New York for infringement against Killiam Shows, Inc., Gregstan...

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