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MACLOON v. VITAGRAPH

No. 217.

30 F.2d 634 (1929)

MACLOON v. VITAGRAPH, Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 4, 1929.

Attorney(s) appearing for the Case

Max D. Steuer, of New York City (Ben Herzberg, of New York City, of counsel), for appellant.

Thomas & Friedman, of New York City (Joseph H. Hazen and Morris Ebenstein, both of New York City, of counsel), for appellees Warner Bros. Pictures, Inc., Vitagraph, Inc., and Vitaphone Corporation.

Howard E. Reinheimer, of New York City, for appellees, Schwab, Hammerstein, Mandel, Romberg, and Malem Corporation.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

This suit seeks to restrain the public exhibition of the motion picture version of the Desert Song, with words and music mechanically reproduced in synchronism thereof. On August 26, 1927, the appellant contracted with the Malem Corporation, which had obtained all the rights of the authors to the Desert Song, and who took a copyright thereof, for the "sole and exclusive" right to reproduce the play on the living stage in the United States west...

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