Annual Grafstein Lecture in Communications
Presents
Professor Mark Rose
Professor, University of California at Santa Barbara
Drama in the Courtroom: Nichols v. Universal and the
Determination of Infringement
Date: Thursday, March 25, 2010
Time: 5 p.m. – 7 p.m.
Place: FL-C, Flavelle House, 78 Queen’s Park
Reception to Follow
Description:
Nichols v. Universal (1930), in which the
playwright Anne Nichols sued Universal Pictures claiming that the movie The Cohens and the Kellys infringed her
play Abie’s Irish Rose, is a classic
copyright case that is perhaps best known for the “pattern test” proposed by
Judge Learned Hand. But Hand’s opinion is also well known for his
expression of irritation at the use of expert testimony at trial. In this
lecture I explore the issues in the case and the testimony of the opposed
experts, dwelling in particular on the curious theories of Nichols’ expert,
Moses L. Malevinsky, the author of The
Science of Playwriting. I suggest that Nichols ultimately can be understood as a drama of conflicting
literary theories in which each of the parties approached the matter from a
distinct theoretical position and that Judge Hand’s famous decision, too, was
founded on literary theory.
Bio: Mark Rose is a Professor in
the English Department at the University of California, Santa Barbara, where he
has taught since 1977. He has taught at Yale University and the University of
Illinois as well as at UCSB. He is the author of many books on subjects ranging
from Shakespeare to Science Fiction as well as of Authors and Owners: The
Invention of Copyright (1993). He also frequently serves as a consultant
and expert in litigation involving allegations of copyright infringement.
The Grafstein
Annual Lecture in Communications:
The Grafstein Annual Lecture in Communications was
established by Senator Jerry S. Grafstein, Q.C., Class of 1958, to commemorate
the 40th anniversary of his graduation from the Faculty of Law and the 10th
anniversary of the graduation of his son, Laurence Grafstein and
daughter-in-law, Rebecca Grafstein (nee Weatherhead), both from the Class of 1988.
