Alcatraz Island

(1937)   Tags: Warner Bros.

GROPPER v. WARNER BROS. PICTURES, Inc.

The plaintiff claims that he wrote an original dramatic composition entitled ‘Ex-Racketeer’ and alleges that the motion picture entitled ‘Alcatraz Prison’ [aka. ‘Alcatraz Island’] copied protected elements in that story.

Judgment: I conclude the defendant, though it had access perhaps to the plaintiff’s story and made a synopsis thereof for its files, is not guilty of plagiarism; has taken nothing from the plaintiff’s story; that while the idea is the same, the similarity extends only to the extent necessary to develop the usual gangster type of story; that the characters are different; react differently in the important situations of the stories. Therefore I make general findings of fact in favor of the defendant and against the plaintiff. Findings of fact and conclusions of law in defendant’s favor dismissing the bill with costs may be submitted.