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STEPHENS v. HOWELLS SALES CO.

16 F.2d 805 (1926)

STEPHENS et al. v. HOWELLS SALES CO., Inc., et al.

District Court, S. D. New York.

December 15, 1926.

Attorney(s) appearing for the Case

Henry Staton, of New York City, for plaintiff Stephens.

Kelley & Becker, of New York City (Charles E. Kelley, of New York City, of counsel), for plaintiff Goldwyn Pictures Corporation.

Davies, Auerbach & Cornell, of New York City (Charles H. Tuttle and Carl E. Peterson, both of New York City, of counsel), for defendant Howells Sales Co.

William Klein, of New York City, for defendant Blumenthal.

Arthur W. Weil, of New York City, amicus curiæ.

GODDARD, District Judge.

This is a suit to recover damages under the Copyright Act for infringement of the book "Mr. Barnes of New York" by the motion picture "Vendetta," imported and distributed by the defendants.

On March 8, 1887, the book "Mr. Barnes of New York" was copyrighted by Archibald Clavering Gunter, its author. In copyrighting the book the author "reserved the right to dramatize" under section 4952 of the Copyright Act of July 8, 1870 (Rev. Stat...

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