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Nichols V. Universal Pictures Corp.
''Nichols v. Universal Pictures Corporation'', 45 F.2d 119 ( 2d Cir. 1930), was a United States Court of Appeals for the Second Circuit case on copyright infringement by non-literal copying of a dramatic work. The Court held that copyright protection cannot be extended to the characteristics of stock characters in a story, whether it be a book, play, or film. Facts The plaintiff, playwright Anne Nichols, was the author of ''Abie's Irish Rose'', a 1922 play about a young Jewish man who marries an Irish Catholic girl against the wishes of both of their fathers, with hilarity ensuing. The defendant then produced '' The Cohens and Kellys'' (1926) (which the court referred to as "The Cohens and ''the'' Kellys"), a film based on a play about an Irish boy who marries a Jewish girl from feuding families, with hilarity ensuing. A lawsuit followed, with the plaintiff asserting copyright infringement based on the defendant's use of similar story elements. The question before the Court was ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ...
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Abie's Irish Rose
''Abie's Irish Rose'' is a popular comedy by Anne Nichols, which premiered in 1922. Initially a Broadway play, it has become familiar through repeated stage productions, films and radio programs. The basic premise involves an Irish Catholic girl and a young Jewish man who marry despite the objections of their families. Theater and films Although it initially received poor reviews—with the notable exception of ''The New York Times'', which raved and said it would run for years—the Broadway play was a commercial hit, running for 2,327 performances between May 23, 1922, and October 1, 1927. At the time, this was the longest run in Broadway theater history, surpassing the record 1,291 performances set by the Winchell Smith and Frank Bacon 1918 play, '' Lightnin'''. The show's touring company had a similarly long run and held the record for longest-running touring company for nearly 40 years, until that record was broken by '' Hello, Dolly!'' in the 1960s. The touring compa ...
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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 an ...
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United States Court Of Appeals For The Second Circuit Cases
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 ...
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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 ...
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Copyright Infringement Of Fictional Characters
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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1930 In United States Case Law
Year 193 ( CXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sosius and Ericius (or, less frequently, year 946 ''Ab urbe condita''). The denomination 193 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 * January 1 – Year of the Five Emperors: The Roman Senate chooses Publius Helvius Pertinax, against his will, to succeed the late Commodus as Emperor. Pertinax is forced to reorganize the handling of finances, which were wrecked under Commodus, to reestablish discipline in the Roman army, and to suspend the food programs established by Trajan, provoking the ire of the Praetorian Guard. * March 28 – Pertinax is assassinated by members of the Praetorian Guard, who storm the imperial palace. The Empire is auctio ...
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Klinger V
Klinger may refer to: * Klinger (surname), a list of people with the surname * Corporal Klinger, a character from ''M*A*S*H'' * Klinger (horse), owned by the US Army * Klinger (band), an Australia band from 1996 to 2003 * Klinger Ridge, Marie Byrd Land, Antarctica * Klinger Lake, near Klingers, Michigan, United States * 22369 Klinger, a main-belt asteroid See also * Clinger (other) * Klingers, Michigan, United States, an unincorporated community * Jan Klingers (1929–1994), Dutch sprint canoer * Klingerstown, Pennsylvania Klingerstown (Pennsylvania German: Glingerschteddel) is a census-designated place (CDP) in Upper Mahantongo Township, Schuylkill County, Pennsylvania, United States. As of the 2000 census, the CDP population was 102. Geography Klingerstown is l ...
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Copyright Protection For Fictional Characters
Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works. United States In the United States, in order to avail of copyright protection, a work must be original that is, it must involve an element of creativity, and must be fixed in a tangible medium. Further, there can be no copyright in mere ideas and facts, but only in the unique expression of the same. US Copyright Statute of 1976 does not explicitly mention fictional characters as subject matter of copyright, and their copyrightability is a product of common law. Historically, the Courts granted copyright protection to characters as parts of larger protected work and not as independent creations. They w ...
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Stock Character
A stock character, also known as a character archetype, is a fictional character in a work of art such as a novel, play, or a film whom audiences recognize from frequent recurrences in a particular literary tradition. There is a wide range of stock characters, covering men and women of various ages, social classes and demeanors. They are archetypal characters distinguished by their simplification and flatness. As a result, they tend to be easy targets for parody and to be criticized as clichés. The presence of a particular array of stock characters is a key component of many genres, and they often help to identify a genre or subgenre. For example, a story with a knight-errant and a witch is probably a fairy tale or fantasy. There are several purposes to using stock characters. Stock characters are a time- and effort-saving shortcut for story creators, as authors can populate their tale with existing well-known character types. Another benefit is that stock characters help to ...
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The Cohens And Kellys
''The Cohens and Kellys'' is a 1926 American silent comedy film directed by Harry A. Pollard and starring Charles Murray, George Sidney, Kate Price, and Jason Robards Sr. The film is the first of the ''Cohens and Kellys'' film serials. The film is perhaps best known today as the subject of '' Nichols v. Universal Pictures Corp.'', a copyright infringement case, in which Judge Learned Hand articulated the doctrine that copyright protection does not cover the characteristics of stock characters in a story. Plot As articulated in the ''Nichols'' case, The characters were similar to those in the Nichols play, ''Abie's Irish Rose'' which was made into a film in 1928 and in 1946. Cast Preservation status In addition to a worn Universal Show-at-Home copy, the film exists in two film archives, Cinematheque Royale de Belgique in Brussels and the Museum of Modern Art in New York. An excellent print with French and Dutch intertitles, with English ones apparently overlaid, was ...
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Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it ...
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