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O'BRIEN v. THALL

No. 45, Docket 26184.

283 F.2d 741 (1960)

Edward Dunbar O'BRIEN, Plaintiff-Appellant, v. Peter THALL and Morris Thall, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 1, 1960.

Attorney(s) appearing for the Case

Edward Dunbar O'Brien, Chicago, Ill., appellant, pro se.

Seymour L. Hendel, New London, Conn., for defendants-appellees.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Plaintiff brought this action for copyright infringement and unfair competition, claiming that defendants had copied a musical composition, created and copyrighted by plaintiff, which set to music the Gettysburg address of President Abraham Lincoln. Such a musical conception was not original and several versions had been written prior to plaintiff's alleged copyright obtained in 1944. The questions for the court and the jury were whether another version...

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