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Horgan v. Macmillan, Inc.
United States Court of Appeals for the Second Circuit
789 F.2d 157 (1986)
- Written by Jack Newell, JD
Facts
George Balanchine choreographed the ballet The Nutcracker. The New York Ballet performed The Nutcracker and paid Balanchine (followed by his estate) royalties. Macmillan, Inc. (defendant) planned to publish a book about the performance. The book featured several photos of the ballet. Barbara Horgan (plaintiff), the executrix of Balanchine’s estate, sued to enjoin publication of the book. The district court denied Horgan’s motion, finding that the choreography could not be reproduced from a series of still photographs any more than a symphony could be reproduced from a selection of chords from throughout the symphony. Horgan appealed to the Second Circuit.
Rule of Law
Issue
Holding and Reasoning (Feinberg, C.J.)
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