FERGUSON v. NATIONAL BROADCASTING CO., INC.

No. 76-4494.

584 F.2d 111 (1978)

Wilma Virginia FERGUSON, Plaintiff-Appellant, v. NATIONAL BROADCASTING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 17, 1978.


Attorney(s) appearing for the Case

Kenneth R. Glaser, Dallas, Tex., for plaintiff-appellant.

Louis P. Petrich, Los Angeles, Cal., for defendant-appellee.

Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.


GOLDBERG, Circuit Judge:

This is an action for copyright infringement. The sole issue raised on appeal is whether the trial court correctly granted defendant's motion for summary judgment.

In 1953 plaintiff composed and copyrighted a musical composition entitled "Jeannie Michele." The unpublished composition was never performed in this country; nor was it sold, offered for sale, or circulated to the general public. In fact, plaintiff distributed only six copies...

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