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SMITH v. PAUL

Docket No. 18372.

174 Cal.App.2d 744 (1959)

345 P.2d 546

ERNEST MANFRED SMITH, Appellant, v. DAVID A. PAUL et al., Respondents.

Court of Appeals of California, First District, Division One.

October 27, 1959.

Attorney(s) appearing for the Case

Maynard Garrison, Jr., and Wallace, Garrison, Norton & Ray for Appellant.

Albert E. Gately, Gately & Gately and Robert H. Andresen for Respondents.

BRAY, P.J.

Plaintiff appeals on the judgment roll alone from a judgment in favor of defendants.

QUESTIONS PRESENTED

1. Does a designer have a common-law copyright in plans for a house prepared by him?

2. Does the filing of the plans in a county office as required by law to obtain a building permit constitute a publication divesting plaintiff of his common-law copyright?

(This is a case of first impression in California.)

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