202 F. 805 | S.D.N.Y. | 1912
The defendants have demurred, urging that the bill fails in the following particulars:
“(1) There is nothing to show that the person claiming copyright had the said right or how he acquired it.
“(2) There is nothing to show that the photograph is a copyrightable work.
“(3) It fails to show compliance with the copyright statute.
“(4) It fails to allege facts showing infringement.” '
The fourth ground is not tenable, and since the argument that ground has been abandoned, as appears in defendants’ replying memorandum.
The demurrer is sustained, with leave to the complainant to amend the complaint within 20 days upon the payment of $10 costs.