[Download] "Bowen v. United States" by Eighth Circuit Circuit Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Bowen v. United States
- Author : Eighth Circuit Circuit Court of Appeals
- Release Date : January 21, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In her complaint in this action the plaintiff accused the defendant film corporation of copying her unpublished and uncopyrighted book "Love Girl" without her consent in the production and presentation by defendant of its sound motion picture "Alexanders Ragtime Band." There was jurisdiction by reason of diversity of citizenship and amount involved, and on the trial of the issue joined the court entered interlocutory decree in favor of the plaintiff awarding an accounting for damages and profits and injunction against further exhibition of the picture. Dieckhaus v. Twentieth Century Fox, D.C., 54 F.Supp. 425. There was no extraneous evidence that defendant had ever had access to the plaintiffs book prior to the exhibition of its picture on August 19, 1938, and there was direct evidence that it had had no access thereto, but the court found from comparison of the book with the picture that there were similarities which could not be the result of coincidence and which, therefore, were the result of access to the book by defendant and of "conscious or unconscious" copying thereof.