The case involves a copyright infringement claim by the plaintiff against the defendant's play "The Cohens and The Kellys," which allegedly copied the plaintiff's play "Abie's Irish Rose." The court finds that the defendant's play is not similar enough to the plaintiff's play to constitute copyright infringement. The court notes that the plaintiff's play involves a Jewish family in New York where the father wants his son to marry a Jewish woman, but the son secretly marries an Irish Catholic girl and introduces her as a Jewess to his father. The defendant's play tells the story of a secret marriage between a Jewish daughter and an Irish son that causes a confrontation between the two families. The court discusses the difficulties in determining the boundary between expression and what is being expressed in plays.
Nichols v. Universal Pictures Corp. (1930)
United States Court of Appeals for the Second Circuit
45 F.2d 119
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