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PLATT & MUNK CO. v. REPUBLIC GRAPHICS, INC.

Nos. 221, 241, Dockets 27867, 27904.

315 F.2d 847 (1963)

The PLATT & MUNK CO., Inc., Plaintiff-Appellee, v. REPUBLIC GRAPHICS, INC., Defendant-Appellant. The PLATT & MUNK CO., Inc., Plaintiff-Appellee, v. PLAYMORE, INC., Lederer Industries, Inc. and J. C. Boyan Associates, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 21, 1963.

On Rehearing April 3, 1963.

Attorney(s) appearing for the Case

Donald A. Jelinek, George P. Monaghan, New York City, for defendant-appellant Republic Graphics, Inc.

Martin C. Greene, Aberman & Greene, New York City (Arnold L. Fein, New York City, of counsel), for defendant-appellant Playmore, Inc.

Perry Gottlieb, New York City, for defendant-appellant Lederer Industries, Inc.

John A. Wiener, Greenbaum, Wolff & Ernst, New York City (Julia Perles, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

The question is whether an unpaid manufacturer of copyrighted goods, which are alleged to be defective by the copyright proprietor who has ordered them, may sell them in satisfaction of his claim for the contract price without infringing the "exclusive right" of the proprietor to "publish * * * and vend the copyrighted work," 17 U.S.C. § 1(a); there is a related question as to the rights of persons...

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