ROHAUER v. KILLIAM SHOWS, INC.

No. 129, Docket 76-7177.

551 F.2d 484 (1977)

Raymond ROHAUER and Cecil W. Hull, Plaintiffs-Appellees, v. KILLIAM SHOWS, INC., et al., Defendants, Killiam Shows, Inc., and Educational Broadcasting Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 7, 1977.

Certiorari Denied May 31, 1977.


Attorney(s) appearing for the Case

Peter A. Jaszi, and Jeffrey L. Squires, Washington, D.C. (Abraham Fuss, and Laitman, Mathews & Magidson, New York City, of counsel), for defendants-appellants.

Herbert P. Jacoby, New York City (Burns & Jacoby, New York City, of counsel), for plaintiffs-appellees.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Gerald Meyer, Alan A. Benjamin, and Thomas G. Jackson, New York City, of counsel), for United Artists Corp., amicus curiae.

Irwin Karp, New York City, for The Authors League of America, Inc., amicus curiae.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.


FRIENDLY, Circuit Judge:

This well briefed and argued appeal raises a question of copyright law of first impression.1 The question is of considerable importance despite the small amount of money here at stake. The issue is this: When the author of a copyrighted story has assigned the motion picture rights and consented to the assignee's securing a copyright on motion picture versions, with the terms of the assignment demonstrating an intention...

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