of Long’s novel. Therefore it may assert, as it did, that the plaintiff cannot make general use of the story of the novel for a motion picture version of its opera; and, as already stated, the plaintiff is restricted to using what was copyrightable as new matter in its operatic version of the novel but is not so restricted in using the play which is now in public demesne. It scarcely need be added that the defendant, while free to use the novel and the play in making a motion picture, may not make use of the plaintiff’s opera without its consent.
The remaining contentions of the parties have been examined and found without merit. Discussion of them is deemed unnecessary.
So much of the judgment as declares that the plaintiff is “the rightful owner and sole proprietor of the valid renewal copyright in the Opera entitled Madame Butterfly and of all rights and interest therein including the sole and exclusive motion picture rights” is affirmed. The injunction granted the plaintiff is too broad unless it be construed to forbid only such assertions of claims by the defendant as exceed those which the defendant is entitled to make as shown by the foregoing opinion. Accordingly the injunction is modified to conform to our opinion. Each party shall bear its own appellate costs and no attorney’s fees are awarded to either party.
On Petition for Clarification
Paramount Pictures, Inc., asks for a clarification of that part of our opinion relating to the expiration and dedication of Belasco’s copyright. We there said: “When the copyright expired, the play was property in the public demesne, since the record discloses no renewal of the copyright.” What the petitioner desires is an express statement that only the new matter which Belasco’s play added to Long’s novel came into the public demesne upon the expiration of Belasco’s copyright. It is implicit in the opinion as a whole that what is dedicated to the public as a condition of obtaining a copyright is only such matter as is copyrightable, but to avoid any possible cavil we will amend the above quoted sentence to read as follows: “When the copyright expired, the copyrightable new matter in the play was property in the public demesne, since the record discloses no renewal of the copyright”.
EASTERN S. S. CO. v. INTERNATIONAL HARVESTER CO. OF NEW JERSEY.
No. 11254.
United States Court of Appeals
Sixth Circuit
May 25, 1951.
