The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-25

tgation.
The Japan Expedition.
INTERESTING COPYRIGHT DEcIsIoN-RIGHTS OF AR
lists ATTACHED TO 1T.
STATES CIRCUIT COURT.
Before Hon. Judge Ingersoll.
Dec 24.-WiLidn Hine Us. William H. appleton et al.
The complainant by profession an artist accompanied
the late expedition 10 japan and the China seas fitted out
by the OF the United States aud under tho
command of Commodore Perry, of the United States Navy
He shipped masters mate, and served such
board one Of the public ships which accompanied the
pedon. During the expedition he made several original
sketchngs and drawings of many Of the prints and illus
which porated in the report made by
Commodore Perry the Secretary of the Navy and pub
hed in large numbers by order Of Congress- under the
title of Narraive of the Expedition Of American
Squadron the China and Japan performed in the
years 1882 1858 and 1854 under the command of NJ C.
Perry United Staes Navy compiled from the original
notes and journals of Commodore Perry and his officers
his request and under his supervision by Francis l.
Hawks, DID, LID, &c" For certain Of the prints and
illustrations incorporated in the report OF Commodore
Perry to the Secretary Of the Navy, and published by
order Of Cong ress the complainant in June 1856 oh
tanned from the Clerk Of the Southern District OF New
York a certificate and copyright author and pro.
prietor This was after report had been ordered TO
be published by Congress The defendants in july 1885,
published two several editions Of the report made by
the Secretary of the Navy, in parts Of which contain
ed the prints and illustrations in question One of the ed
tions published by the defendants, precisely like
that in form and matter with the exception of the title
page) the work published by order of Congress The dee
dapts about the time, also published another work.
which contained the prints and illustrations in question.
The complainant brings his bill, in which among
other things be prays that the defendants may be cnoned
against selling or otherwise dposng OF any Of the works
published by them, in which contained any OF the
prints and illustrations claimed by the complainant
author and proprietor Tho view taken OF the renders
unnecessary to cons Ter IL in some of the aspects in
tory disposed Of by considering two questions only
FIRST the complainant time he obtained GER
catc Of copyright. entitled TO the exclusive right the
prints and illustrations In question: author ana proprie
r Second admitting that he was are there any facts in
the which should restrain the fcpm granting
the injunction prayed for. That the complainant made
the original sketches and drawings OF the prints and lu
traucns in question admits Of no doubt. But notwh-
standing this he such author aud proprietor Of the
prints and illus rations would give him exclusive
right 10 the same, at the time the certificate OF copy
right was granted THIS appears very clear by the am Ia
Wits introduced the part Of the defendants Previous
to the sailing of the expedition Japan the complainant
applied 10 Commodore Perry, and solicited him TO be
ployed artist, and 10 accompany the expedition
such. He Informed by the Commodore that Congress
had made provision for artistic scientific depart
ment, and that he could not be employed He renewed
his application and finally the Commodore consented TO
receive him in the c,paety of masters mate condi.
ton that he should sign the shipping articles a. such mas
ters mate that he should do whatever duty might b.
aured of him and he subject 20 all the rules ami regua
tons Of the squadron When the Commodore consented
that the complainant might so in the expedition, he IN
form him that all the sketches and drawings which should
the exclusive property Of the government Of tho United
States, aud that could appropriate 10 his
amy sketch or drawing that might be made To this the
complainant gave bis assent and joined the expedition
masters mate, receiving pay as such with, the distinct
understanding that the sketches and drawings which
he might make 10 be the excusi ve property
Of the government OF the United Statos. Although
the complainant shipped as masters mate, hts
chief duty was 10 make sketches and drawings
for the government Upon the return Of the
pedon 10 this country the eketches aud drawings
which the complainant made were, with his assent
ha hN tbp
Secretary Of the Navy and placed at The disposal Of Con
And Congress long before the certificate OF copy
right obtained by the complainant, ordersd large
number of the report containing the prints and engrsv
ings made from the original sketches and drswngs o be
published for distribution. Under these circumstances
the complainant not such author Of the prints and
cravings In question would give him exclusive right
70 the author and proprietor by virtue Of the
tifcatc of copyright which he obtained The sketches
and drawings made for the government n be az
their disposal and Congress BY ordering the report which
contained thoec sketches and drawings be published for
the benefit ~ the public large has therebygvcn them
10 the public. But IL the complainant had exclu
sivc right the prints and cngravings question: by vr
the Of tho certificate Of copyright which no obtained
there certain facts which have appeared IN evideuce
which would restrain tho Court from granting the prem
nary Injunction asked for. Tho certificate OF copy
right obtained by the complainant early the
Of the year 1855 The several works of the defend
ants sought 70 be enoined published by them
summer Of year 1850 soon after the com
planant obtained hts certificate Of copyright Ono of these
works quarto edition Of the Expedition TO Japan the
same as published by order Of Congress Another s
octave edition OF the work AZ early the month
of January IN 1859, the complainant met by appointment
the Rev. DR. Hawks who wrote the narrative of tho "Ex
petition TO Japan for the purpose OF selecting sketches
appear In the octave edition or the work then about
be published by the defendants. No meaon made
by the complainant Of any claim 10 copyright hts part
and Il understood by pr Hawks that anv Of the |
drawings that should be selected 10 be used Tor the
ociavo edition OF the defendants work. ~ subsequent
period the complainant employed by the defendants,
10 rodraw several draTngs from the ze of the qusro
edition TO that Of tho octave edition which service he
70 be paid by the defendants, and there l.
plant that he never was paid The complainant thus adei
w the publication of ef the works n the defendants
When he thus aided IN their publication he made no
claim Of copyright Having thus aided IN their puhlioa
tion with the view that they might be sold II would he
inequtable 10 permit him. when he has been paid 20
help on this publication and saewhcn he has received
for thus aiding In tho puhlcaonto stop the
salc of the works, " he had valid copyright BY
aiding in the publication, he agreed 10 the publication.
And by agreeing that the works might be published, he
agreed that they might be sold And he cannot /
with success ask that the defendants should be restrained
from doing that which he agreed they might do. The
motion, therefore, for preliminary injunction, ~ de-
ned