The Litchfield County post. [volume] (Litchfield, Conn.) 1826-1829, 1826-09-12
TO THE PTTRIIc.

4
casions, which can justify private Individual.
in addressing the public, upon his own person
al concerns. 1t will be apparent, however,
trust, from the following statement. that
public communication is the most proper. i'll
not the only expedient, which can affectually
answer thopurpose, of preventing any misal,-
Prehension, in regard TO my rights, and of tear
ming others against violation of them. Ibeg
leave also to suggest, that whatever regards
the protection Of literary property, or Of insii-
tutions for Public instruction, is, in some
measure, matter of pablo concern.
/ have recently received direct Information,
from the Department of State, at the city of
Washington, that letter, from one of the
Western States, has been addressed to the
Patent Office, inquiring, whether the copy
right has been secured, according to law, of
the " Law-Lectures, or any part thereof, de-
livered' by me. ''at Litehield. Connecticut,
or thereabouts. in tho period, from 1919 TO
1876" The name Of the writer of this letter
| l have been unable to obtain; but there can
be little doubt that the person, by whom, or
for whom, the inquiry was made, was medi-
tating some unauthorized use of the Lectures.
to which the inquiry relates, either by printing
them, or repeating them to pupils of his own
against both and each Of which proceedings,
either by the party referred to, or any other,
the present notice is intended as a public
| WARNING and PROTEST..
| The Law-Lectures, delivered by me, FROM
1919 to 1915, are the same, as had deliver
ed, long before that period, and the delivery
of which | am still continuing. certainly
claim the exclusive right to multiply copies Of
them; and have never entertained n doubt,
! that this right can be enforced, either at law,
or in equity, without the aid of any act of
Congress. Without obtruding an argament
upon the public, may be permitted to sug-
gest, that the delivery of course Of Lectures
to pupil, is merely a sale, or assignment, to
him, of single copy Of them; which copy he
has no right to make public, or to multiply,
by printing, or otherwise, without the con-
sent Of the author. Still less hasa Stranger
Lany pretension to such right. In pupil the
| act of publishing would be breach of trust,
and violation Of an implied promise: In n
stranger, it would be a fraudulent appropria-
ton Of the property of another, obtained
through Il breach Of trust, and without col |
our of right
These Legal positions, have been direct |
ly, and recently sanctioned, in their fullest cx-
| tent by the highest judicial authority, in the
case of Doctor Abernethy against the publish !
ers of an English newspaper, or PERIODICAL
| journal, called the Lancet. DIR. A. fled his |
bill in the English High Court of Chancery,
| praying for an injunction to restrain the de-
| PENDANTS from publishing a course of Medical
| Tor SurgicaD Lectures, which he had deliver
ed, orally, to successive classes of pupils. |
Whether the defendants were pupils or stra,.-
gers, did not appear, upon the hearing of the
cause. 1t was urged, for the defendants, that
the bill could not be sustained, because the
Lectures were exclusively, or0t--having been
delivered without the aid even of a written
note, or memorandum, of which a tenor could
be predicated. But Lord Eldon granted the
injunction, prayed for, scith the u1tanimous con-
currence, as he declared, Of the conan,on-la,c
Judges. This injunction was granted. in June
1895, and upon the preciSe principles, which
| have now been advanced. ri
have not, hitherto, procured title Of my
Lectures to be recorded-not only because 1
deemed the measure unnecessary to the secti-
rity of my copyright; but also, because the
act might seem to imply, that / contemplated
an immediate publication of them: Whereas
have, actually no such intention. But as Il
is desirable, to prevent any Misrepresentation
or doubt, upon the question Of right; and as
it is never too late. to secure the remedies,
prescribed by the act Of Congress, by recor-
ding title shall, Immediately, procure IL
tie of my Law-Lectures to be recorded, by
the Clerk Of the District Court of the District
of Connecticut, and shall publish aseopy Of
the record, in newspaper of this state, as
| that act directs. But as such publication
may fail to reach many parts of the U. States
and as my lectures have been attended, by
students, from every State in the Union;
have thought itProper, to publish this general
Notice, in the hope, that it may exempt me
from the unpleasant necessity Of asserting my
rights, in a court Of justice, and those, who
may be disposed to violate them, from still
more disagreeabIe consequences.
JAMES GOULD.
Litchfeld, (Conn.) Sept. S, 1898.
p. s. Tic nature and objects Of this com
munieation will, hope, justify a request, that
the editors Of newspapers. in this and other
states, viii give it an insertion, in their jour
| mails.
| DIED
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