HOFFENBERG v. KAMINSTEIN

No. 21152.

396 F.2d 684 (1968)

Mason HOFFENBERG, Appellant, v. Abraham L. KAMINSTEIN, Register of Copyrights, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 23, 1968.

Certiorari Denied October 21, 1968.


Attorney(s) appearing for the Case

Mr. Charles Rembar, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Morton E. Yohalem, Washington, D. C., was on the brief, for appellant.

Mr. Michael W. Werth, Attorney, Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., Messrs. Morton Hollander and T. Hayward Brown, Attorneys, Department of Justice, and Miss Barbara A. Ringer and Miss Dorothy Schrader, Attorneys, United States Copyright Office, were on the brief, for appellee. Mr. John C. Eldridge, Attorney, Department of Justice, also entered an appearance for appellee.

Mr. Stanley L. Temko, Washington, D. C., filed a brief on behalf of the Authors League of America, Inc. as amicus curiae urging reversal.

Mr. Ben Cohen, Washington, D. C., with Amster & Rothstein, Jesse Rothstein and Bernard L. Goldstein, New York City, filed a brief on behalf of Lancer Books, Inc. as amicus curiae urging affirmance.

Before WILBUR K. MILLER, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.


Certiorari Denied October 21, 1968. See 89 S.Ct. 235.

PER CURIAM:

Appellant and Terry Southern, both American citizens, are co-authors of the novel "Candy" which was first printed and published in the English language in France in 1958 with the appropriate statutory copyright notice. See 17 U.S. C. §§ 19 and 20 (1964). On March 11, 1965, more than six years after first publication of the foreign edition in France, appellant submitted to appellee...

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