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BURKE v. NATIONAL BROADCASTING CO., INC.

No. 78-1562.

598 F.2d 688 (1979)

C. Brian BURKE, M.D., Plaintiff, Appellant, v. NATIONAL BROADCASTING COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 17, 1979.

Attorney(s) appearing for the Case

David L. Nixon, Manchester, N. H., with whom Randolph J. Reis, Nashua, N. H., and Brown & Nixon Professional Association, Manchester, N. H., were on brief, for plaintiff, appellant.

James E. Higgins, Manchester, N. H., with whom Daniel W. Sklar, and Sheehan, Phinney, Bass & Green Professional Association, Manchester, N. H., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Dr. Burke, an amateur photographer, brought this action alleging that the National Broadcasting Company (NBC) broadcast parts of a movie filmed by him in violation of his alleged common law copyright therein. The parties agreed that there were no issues of fact bearing on the question of liability and filed cross-motions for summary judgment on that issue. The district court held that Dr. Burke had forfeited his common law copyright...

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