Nichols v. Universal Pictures Corporation
Encyclopedia
Nichols v. Universal Pictures Corporation, 45 F.2d 119
(2d Cir. 1930), was a cause célèbre
by the United States Court of Appeals for the Second Circuit
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
.
, playwright
Anne Nichols
, was the author of Abie's Irish Rose
, a motion picture 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
(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 ensued, with the plaintiff asserting copyright infringement based on the defendant's use of similar story elements.
The question before the Court was whether the defendant's film infringed the plaintiff's copyright in the play by using similar elements.
, writing for the Court, noted that protection of literature can not be limited to the exact text, or else an infringer could get away with copying by making trivial changes. The question then is whether the part taken was 'substantial'. However, it is impossible to set a firm boundary demarcating the line between work and ideas, he said, stating, "her copyright did not cover everything that might be drawn from her play; its content went to some extent into the public domain." In this case, there was no infringement, as the ideas that are copied are really universal concepts and stock character
s.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2d Cir. 1930), was a cause célèbre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
by the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
on copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
by non-literal copying of a dramatic work. The Court held that copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
protection cannot be extended to the characteristics of stock characters in a story, whether it be a book
Book
A book is a set or collection of written, printed, illustrated, or blank sheets, made of hot lava, paper, parchment, or other materials, usually fastened together to hinge at one side. A single sheet within a book is called a leaf or leaflet, and each side of a leaf is called a page...
, play
Play (theatre)
A play is a form of literature written by a playwright, usually consisting of scripted dialogue between characters, intended for theatrical performance rather than just reading. There are rare dramatists, notably George Bernard Shaw, who have had little preference whether their plays were performed...
, or film
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
.
Facts
The plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, playwright
Playwright
A playwright, also called a dramatist, is a person who writes plays.The term is not a variant spelling of "playwrite", but something quite distinct: the word wright is an archaic English term for a craftsman or builder...
Anne Nichols
Anne Nichols
Anne Nichols was an American playwright.Born in Dales Mill, Georgia, Nichols penned a number of Broadway plays, several of which were made into motion pictures...
, was the author of Abie's Irish Rose
Abie's Irish Rose
Abie's Irish Rose is a popular comedy by Anne Nichols familiar from 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:...
, a motion picture play about a young Jewish man who marries an Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...
Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
girl against the wishes of both of their fathers, with hilarity ensuing. The defendant then produced The Cohens and Kellys
The Cohens and Kellys
The Cohens and Kellys is a 1926 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...
(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 ensued, with the plaintiff asserting copyright infringement based on the defendant's use of similar story elements.
The question before the Court was whether the defendant's film infringed the plaintiff's copyright in the play by using similar elements.
Opinion of the Court
Judge Learned HandLearned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
, writing for the Court, noted that protection of literature can not be limited to the exact text, or else an infringer could get away with copying by making trivial changes. The question then is whether the part taken was 'substantial'. However, it is impossible to set a firm boundary demarcating the line between work and ideas, he said, stating, "her copyright did not cover everything that might be drawn from her play; its content went to some extent into the public domain." In this case, there was no infringement, as the ideas that are copied are really universal concepts and stock character
Stock character
A Stock character is a fictional character based on a common literary or social stereotype. Stock characters rely heavily on cultural types or names for their personality, manner of speech, and other characteristics. In their most general form, stock characters are related to literary archetypes,...
s.