ESTATE OF HEMINGWAY v. RANDOM HOUSE


23 N.Y.2d 341 (1968)

Estate of Ernest Hemingway et al., Appellants, v. Random House, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 12, 1968.


Attorney(s) appearing for the Case

Joseph Calderon for appellants.

Mervin Rosenman, Philip L. Hummer and Simon J. Hauser for A. E. Hotchner, respondent.

Horace S. Manges and Marshall C. Berger for Random House, Inc., respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


Chief Judge FULD.

On this appeal — involving an action brought by the estate of the late Ernest Hemingway and his widow against the publisher and author of a book, entitled "Papa Hemingway" — we are called upon to decide, primarily, whether conversations of a gifted and highly regarded writer may become the subject of common-law copyright, even though the speaker himself has not reduced his words...

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