DEZENDORF v. TWENTIETH CENTURY-FOX FILM CORPORATION

No. 8847.

99 F.2d 850 (1938)

DEZENDORF v. TWENTIETH CENTURY-FOX FILM CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

November 18, 1938.


Attorney(s) appearing for the Case

Jas. M. Naylor, of San Francisco, Cal., and I. Henry Harris, Jr., and Calvin L. Helgoe, both of Los Angeles, Cal., for appellant.

Alfred Wright and Gordon Hall, Jr., both of Los Angeles, Cal., for appellee.

Before WILBUR and GARRECHT, Circuit Judges, and ST. SURE, District Judge.


ST. SURE, District Judge.

Appellant, author of an unpublished play, "Dancing Destiny," charges appellee with having committed literary larceny in the production of a motion picture entitled "Stowaway." Appellant claims a common law copyright and invokes § 2 of the Copyright Act, 17 U.S.C.A. § 2, and § 980 of the California Civil Code.

The bill of complaint contains the usual averments of authorship, proprietorship, originality and copyrightability...

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