HOEHLING v. UNIVERSAL CITY STUDIOS, INC.

No. 692, Docket 79-7704.

618 F.2d 972 (1980)

A. A. HOEHLING, Plaintiff-Appellant, v. UNIVERSAL CITY STUDIOS, INC., and Michael MacDonald Mooney, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1980.


Attorney(s) appearing for the Case

James C. Eastman, Washington, D. C., for plaintiff-appellant.

Coudert Bros., New York City (Eugene L. Girden, New York City, of counsel), for defendant-appellee Universal City Studios, Inc.

Peter A. Flynn, and Myron M. Cherry, Chicago, Ill. (Cherry, Flynn & Kanter, Chicago, Ill., Hervey M. Johnson, White Plains, N. Y.), and James J. McEnroe, New York City (Watson, Leavenworth, Kelton & Taggert, New York City), for defendant-appellee Michael M. Mooney.

Before KAUFMAN, Chief Judge, TIMBERS, Circuit Judge, and WERKER, District Judge.


IRVING R. KAUFMAN, Chief Judge:

A grant of copyright in a published work secures for its author a limited monopoly over the expression it contains. The copyright provides a financial incentive to those who would add to the corpus of existing knowledge by creating original works. Nevertheless, the protection afforded the copyright holder has never extended to history, be it documented fact or explanatory hypothesis. The rationale for this doctrine is that the cause...

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