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MASTERSON v. McCROSKIE

No. C-1088.

573 P.2d 547 (1978)

Harry J. MASTERSON, and Lorraine M. Masterson, Petitioners, v. A. I. McCROSKIE, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 6, 1978.

Attorney(s) appearing for the Case

Raphael M. Solot, Denver, for petitioners.

Rothgerber, Appel & Powers, A. Frank Vick, Jr., James M. Lyons, Judith C. McNerny, Denver, for respondent.

HODGES, Justice.

This case involves an alleged infringement of a common law copyright in architectural plans for a house. The sole issue here is whether there was a general publication, which would take from the plans the protection afforded by a common law copyright. As plaintiffs in the trial court, Mr. and Mrs. Masterson sought damages from defendant McCroskie for using their plans to build his house.

The trial court held that delivery of the plans to the...

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