Pushman v. New York Graphic Society, Inc.
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Pushman v. New York Graphic Society, 287 N.Y. 302 (1942), was a case decided by the New York Court of Appeals that held that, while the copyright in a work of authorship is distinct from the tangible embodiment of the work, if the only tangible embodiment of the work is transferred the copyright is also presumptively transferred.[1]
Quick Facts Pushman v. New York Graphic Society, Court ...
Pushman v. New York Graphic Society | |
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Court | New York Court of Appeals |
Full case name | Hovsep Pushman v. New York Graphic Society, Inc. |
Argued | December 9 1941 |
Decided | January 15 1942 |
Citation(s) | 287 N.Y. 302; 39 N.E.2d 249; 52 U.S.P.Q. 273 |
Case history | |
Prior history | Judgment for defendant, Supreme Court; affirmed on appeal, 28 N.Y.S.2d 711 (N.Y. App. Div. 1941) |
Holding | |
The transfer of the only tangible embodiment of a work of authorship presumptively transfers the copyright. New York Supreme Court Appellate Division affirmed. | |
Court membership | |
Chief judge | Irving Lehman |
Associate judges | Albert Conway, Charles S. Desmond, Edward R. Finch, Harlan Watson Rippey, John T. Loughran, Edmund H. Lewis |
Case opinions | |
Majority | Desmond, joined by Lehman, Loughran, Finch, Rippey, Lewis, Conway |
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