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MILLER v. UNIVERSAL PICTURES CO., INC.

10 N.Y.2d 972 (1961)

Helen D. Miller, Individually and as Executrix of Alton G. Miller, Appellant, v. Universal Pictures Company, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1961.

Attorney(s) appearing for the Case

George Trosk, Jesse Climenko, Herbert L. Scharf and David Mackay for appellant.

David W. Peck, Robert J. Feldman, Edgar M. Rubin and Adolph Schimel for respondents.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and FOSTER; Judge BURKE dissents in the following opinion in which Judges FULD and FROESSEL concur.

Judgment affirmed, with costs, on the Per Curiam opinion in the Appellate Division.

BURKE, J. (dissenting).

The majority would affirm a decision of the Appellate Division reversing Special and Trial Term and dismissing a complaint on the ground that where a licensor does not have "property" rights in an intellectual product, so far as the Copyright Act and the general rules of common law are concerned, he must show that the licensee expressly...

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