Nichols v. Universal Pictures Corporation
United States Court of Appeals for the Second Circuit
45 F.2d 119 (2d Cir. 1930)
Anne Nichols (plaintiff) wrote the play "Abie's Irish Rose," centered on an Irish Catholic father and Jewish father whose children secretly married, whose religion-driven animosity toward each other was eventually resolved through the birth of a grandchild. Universal Pictures (defendant) later released "The Cohens and the Kellys," which similarly featured an Irish Catholic and Jewish family whose children married and whose fathers eventually reconciled, but the film's core themes were family finances and generosity rather than religion, and the grandchild played little role in the reconciliation. Nichols sued for copyright infringement, the district court ruled for Universal, and Nichols appealed.
Whether a work that shares only a generalized plot outline and character types with an earlier copyrighted play, without replicating its specific themes and details, infringes that play's copyright.