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Cain V. Universal Pictures
''Cain v. Universal Pictures Co.'' (1942) was the first case in the United States to define the doctrine of " scènes à faire" as it applies to copyright law. Judge Leon Rene Yankwich introduced the term. Background The successful crime fiction writer James M. Cain James Mallahan Cain (July 1, 1892 – October 27, 1977) was an American novelist, journalist and screenwriter. He is widely regarded as a progenitor of the hardboiled school of American crime fiction. His novels ''The Postman Always Rings Twice ..., best known for his '' The Postman Always Rings Twice'' (1934), wrote the novel ''Serenade'' in 1937. It includes a torrid episode in a church where the main character, a singer, has taken refuge from a storm with a Mexican girl. In 1938 Cain sold a different story called ''Modern Cinderella'' to Universal Pictures. The studio began production in 1939, then found that they needed to adapt the plot to include a scene with the two stars, Irene Dunne and Charles Boyer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of California
The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was created on September 28, 1850, following the passage of the California Statehood Act on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The district was further divided on March 18, 1966 with the creation of the Central and Eastern districts. The United States Attorney's Office for the Southern District of California represents the United States in civil and criminal litigation in the court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leon Rene Yankwich
Leon Rene Yankwich (September 25, 1888 – February 9, 1975) was a United States district judge of the United States District Court for the Southern District of California. Education and career Born in Iași, Romania, Yankwich received a Bachelor of Laws from Willamette University College of Law in 1909. He was in private practice in Modesto, California from 1909 to 1916, and in Los Angeles, California from 1916 to 1927, interrupted by service as a Sergeant in the United States Army during World War I in 1918. He received a Juris Doctor from Loyola Law School in Los Angeles in 1926. He was a Judge of the Superior Court of Los Angeles County from 1927 to 1935. Federal judicial service Yankwich was nominated by President Franklin D. Roosevelt on August 21, 1935, to the United States District Court for the Southern District of California, to a new seat authorized by 49 Stat. 508. He was confirmed by the United States Senate on August 23, 1935, and received his commission on August ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James M
James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (other), various kings named James * Saint James (other) * James (musician) * James, brother of Jesus Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Arts, entertainment, and media * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * James the Red Engine, a character in ''Thomas the Tank En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Postman Always Rings Twice (novel)
''The Postman Always Rings Twice'' is a 1934 crime novel by American writer James M. Cain. The novel was successful and notorious upon publication. It is considered one of the most outstanding crime novels of the 20th century. The novel's mix of sexuality and violence was startling in its time and caused it to be banned in Boston. It is included in Modern Library's list of 100 best novels, and it was published as an Armed Services Edition during WWII. The novel has been adapted for film seven times, of which the 1946 version is regarded as an important film noir. The story owes a clear debt to Emile Zola's 1868 novel ''Thérèse Raquin'', which has a similar plot. Plot The story is narrated in the first person by Frank Chambers, a young drifter who stops at a rural California diner for a meal and ends up working there. The diner is operated by a beautiful young woman, Cora, and her much older husband, Nick Papadakis, sometimes called "the Greek". Frank and Cora feel an immed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Pictures
Universal Pictures (legally Universal City Studios LLC, also known as Universal Studios, or simply Universal; common metonym: Uni, and formerly named Universal Film Manufacturing Company and Universal-International Pictures Inc.) is an American film production and distribution company owned by Comcast through the NBCUniversal Film and Entertainment division of NBCUniversal. Founded in 1912 by Carl Laemmle, Mark Dintenfass, Charles O. Baumann, Adam Kessel, Pat Powers, William Swanson, David Horsley, Robert H. Cochrane, and Jules Brulatour, Universal is the oldest surviving film studio in the United States; the world's fifth oldest after Gaumont, Pathé, Titanus, and Nordisk Film; and the oldest member of Hollywood's "Big Five" studios in terms of the overall film market. Its studios are located in Universal City, California, and its corporate offices are located in New York City. In 1962, the studio was acquired by MCA, which was re-launched as NBCUniversal in 2004. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irene Dunne
Irene Dunne (born Irene Marie Dunn; December 20, 1898 – September 4, 1990) was an American actress who appeared in films during the Golden Age of Hollywood. She is best known for her comedic roles, though she performed in films of other genres. After her father died when she was 14, Dunne's family relocated from Kentucky to Indiana. She became determined to become an opera singer, but when she was rejected by The Met, she performed in musicals on Broadway until she was scouted by RKO and made her Hollywood film debut in the musical ''Leathernecking'' (1930). She later starred in the successful musical ''Show Boat'' (1936). Overall, she starred in 42 movies and was nominated five times for the Academy Award for Best Actress—for her performances in the western drama '' Cimarron'' (1931), the screwball comedies ''Theodora Goes Wild'' (1936) and ''The Awful Truth'' (1937), the romance '' Love Affair'' (1939), and the drama '' I Remember Mama'' (1948). Dunne is considered one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Boyer
Charles Boyer (; 28 August 1899 – 26 August 1978) was a French-American actor who appeared in more than 80 films between 1920 and 1976. After receiving an education in drama, Boyer started on the stage, but he found his success in American films during the 1930s. His memorable performances were among the era's most highly praised, in romantic dramas such as '' The Garden of Allah'' (1936), ''Algiers'' (1938), and '' Love Affair'' (1939), as well as the mystery-thriller ''Gaslight'' (1944). He received four Oscar nominations for Best Actor. He also appeared as himself on the CBS sitcom ''I Love Lucy''. Life and career Early years Boyer was born in Figeac, Lot, France, the son of Augustine Louise Durand and Maurice Boyer, a merchant. Boyer (which means "cowherd" in the Occitan language) was a shy small-town boy who discovered the movies and theatre at the age of eleven. Early acting career Boyer performed comic sketches for soldiers while working as a hospital orderly during Wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
When Tomorrow Comes (film)
''When Tomorrow Comes'' is a 1939 American romantic drama directed by John M. Stahl and starring Irene Dunne and Charles Boyer. The screenplay concerns a waitress who falls in love with a man who later turns out to be a married concert pianist. Bernard B. Brown won the Academy Award for Best Sound. A scene in the film where the two protagonists take refuge from a storm in a church was the subject of '' Cain v. Universal Pictures'', a case in which the writer James M. Cain sued Universal Pictures, the scriptwriter and the director for copyright infringement. Judge Leon Rene Yankwich ruled that there was no resemblance between the scenes in the book and the film other than incidental "scènes à faire", or natural similarities due to the situation, establishing an important legal precedent. Plot Philip Andre Chagal is a famous concert pianist who visits a restaurant struggling waitress Helen works at. Philip is immediately attracted to her and joins her at a union rally, and di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1942 In United States Case Law
Year 194 ( CXCIV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Septimius and Septimius (or, less frequently, year 947 ''Ab urbe condita''). The denomination 194 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Septimius Severus and Decimus Clodius Septimius Albinus Caesar become Roman Consuls. * Battle of Issus: Septimius Severus marches with his army (12 legions) to Cilicia, and defeats Pescennius Niger, Roman governor of Syria. Pescennius retreats to Antioch, and is executed by Severus' troops. * Septimius Severus besieges Byzantium (194–196); the city walls suffer extensive damage. Asia * Battle of Yan Province: Warlords Cao Cao and Lü Bu fight for control over Yan Province; the battle lasts for over 100 days ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Pictures Litigation
Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a television channel owned by NBCUniversal ** Universal Kids, an American current television channel, formerly known as Sprout, owned by NBCUniversal ** Universal Pictures, an American film studio, and a subsidiary of NBCUniversal ** Universal Television, a television division owned by NBCUniversal Content Studios ** Universal Parks & Resorts, the theme park unit of NBCUniversal * Universal Airlines (other) * Universal Avionics, a manufacturer of flight control components * Universal Corporation, an American tobacco company * Universal Display Corporation, a manufacturer of displays * Universal Edition, a classical music publishing firm, founded in Vienna in 1901 * Universal Entertainment Corporation, a Japanese software producer and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
