Virginia Richmond v. Albert Weiner, as of the Estate of Harry Soforenko

Before us is appellant’s appeal from the Trial Court’s judgment adverse to appellant (plaintiff below) in her action for infringement of copyrights, delivery up to appellant of the copyrights and recovery of damages for appellant, and in appellee’s counterclaim, he sues for declaration of appellee’s asserted rights in the copyrights.

The Trial Court had jurisdiction under 17 U.S.C.A. § 1 et seq. This Court has jurisdiction under 28 U.S.C.A. §§ 1291 and 1294.

Early in the trial below, the Court directed that in order to better conserve the Court’s work time and for its convenience, the important issue as to whether appellant was the sole owner or, with appellee (defendant below), a joint owner of the copyrights in question should first be tried, because if it should be determined that appellee is such a joint owner, this infringement action might be ended without further trial, since a copyright owner cannot infringe against his own copyright.

The principal issue on this appeal as at the trial is whether appellee is a joint owner with appellant of the copyrights, particularly those related to Medical Practice Informant and its parts recorded in appellant’s name in the patent…