· 4/5/1976
Rebecca Reyher and Ruth Gannett v. Children's Television Workshop and Tuesday Publications, Inc.
Citations
- 533 F.2d 87
- 190 U.S.P.Q. (BNA) 387
- 1976 U.S. App. LEXIS 11965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that where two works have similar or identical themes, they will employ the same unprotectable scenes á faire
- noting that “ex pression in more or less stereotyped form” is not protectable
- finding that two children’s books differed in their “total feel” when the plaintiffs work extensively developed its characters, while “the defendant’s story [was] barren of meaningful setting or character development in its attempt to present its theme”
- “[T]he essence of infringement lies in taking not a general theme but its particular expression through similarities of treatment, details, scenes, events and characterization.”
- “[W]here a lost child is the protagonist, there is likely to be a reunion with parents.”
- “The difficult task in an infringement action is to distill the nonprotected idea from protected expression.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Mulligan, Oakes, Mes-Kill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.