Page:Rohauer v. Friedman.pdf/3

 Loew’s Inc. was changed to Metro-Goldwyn-Mayer Incorporated. And on or about March 1, 1960 Metro-Goldwyn-Mayer Inc. assigned to the plaintiff in writing all of its right, title and interest in and to the motion picture “The Navigator” including the copyright and the renewal thereof.

Appellant (Defendant in the District Court) admits that he copied the film by direct photographic duplication, and that during the month of March, 1960 he exhibited “The Navigator” to the public in his theater. Shortly thereafter plaintiff brought the instant action in the District Court seeking to recover damages for the alleged infringement and to enjoin defendant’s future infringement of the copyright. The court granted the injunction and awarded plaintiff the statutory minimum damages of $250.00. Jurisdiction was conferred on the District Court by 28 U.S.C. § 1338. This court has jurisdiction by virtue of 28 U.S.C. § 1291.

Defendant raises many overlapping points in his appeal, which when consolidated present three basic questions concerning plaintiff’s chain of title to the copyright and its renewal. First, defendant contends that the District Court committed reversible error by holding that Metro-Goldwyn Pictures Corp. had obtained a valid copyright in 1924. This contention cannot be sustained. The record contains substantial evidence to support such holding. The case was submitted to the court for decision without trial in open court. The only evidence before the court was contained in a Pre-Trial Conference Order, which consisted of a stipulated statement of facts and all of the documents related to the copyright here in question. These documents were stipulated to be genuine and admissible as evidence in the case without objection.

The introduction into evidence of a copyright Certificate of Registration creates a prima facie case as to the facts stated therein. 17 U.S.C. § 209; Vance v. American Society of Composers, etc., 271 F.2d 204 (8th Cir. 1959); Wihtol v. Wells, 231 F.2d 550 (7th Cir. 1956); National Institute, Inc., etc. v. Nutt, 28 F.2d 132 (D.Conn.1928). The burden then shifts to the other party to go forward with the evidence in order to overcome such prima facie case. There is nothing in the stipulated facts in the Pre-Trial Order which controverts the prima facie case made out by the introduction into evidence of the 1924 Certificate of Registration. It was on the basis of this uncontroverted set of facts that the District Court made the disputed finding. We cannot say, in a case where the defendant has failed to overcome the prima facie case made out by the plaintiff, that a holding by the District Court in favor of the plaintiff constitutes reversible error.

Defendant also contends that the assignment in 1937 from Metro-Goldwyn Pictures Corp. to Loew’s Inc. did not effectively pass title of the renewal rights because the renewal rights were not expressly mentioned in the general words of assignment. The District Court held to the contrary, and in our view the evidence supports that conclusion.

Defendant argues that unless the conveying instrument expressly states that the renewal rights have been conveyed, the courts will find that the parties did not intend to transfer them. This rule, however, reflects a policy of statutory copyright law which is not applicable to the facts of the case before us. By requiring the express mention of renewal rights in such transfers, thus avoiding an inadvertent or unintended transfer of such rights, the courts have found a means of carrying out the