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CLASSIC FILM MUSEUM, INC. v. WARNER BROS., INC.

No. 78-1456.

597 F.2d 13 (1979)

CLASSIC FILM MUSEUM, INC., Plaintiff, Appellee, v. WARNER BROS., INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 30, 1979.

Attorney(s) appearing for the Case

Stanley Rothenberg, New York City, with whom Bernard R. Sorkin, Theodore S. Green, New York City, John W. Philbrick and Verrill & Dana, Portland, Maine, were on brief, for defendant-appellant.

Stuart H. White, Portland, Maine, for plaintiff-appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

PETTINE, District Judge.

This case involves the legal effect of an expired statutory copyright on a work derived from an underlying work in which there exists a common-law copyright. The action was decided below on an agreed statement of facts which need not be repeated in detail. It suffices to say that a statutory copyright on a film entitled "A Star is Born" expired and that the defendant owner of the expired copyright also possesses all rights in the unpublished...

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