The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-21

We give below, In full, the opinion Of sprague, j. in
the case Of George Roberts Va John G Myers, w =.
row. Al the second hearing Of the case complaint
Withdrawn against the latter, owing to the inability OF
absent halifax and the case would have been further
adjourned unless the complaint had been voluntarily
wi.ndr 1; - AGAINST her Had she been continued IN
same - against the other parties, she having performed
10 the piece with Myers and Booface Tho opinion Ia
clear and able settles novel and Interesting
points under the Law Of copy right not before decided
The various points taken by the respective parties sa
will prove Interesting 10 lawyers aad very valuable
bal authors and publishers ~ well IS TO dramatts and
THE UNITED STATES CIRCUIT COURT, BOSTON.
Before Justice sprague.
This 10 motion Tor preliminary injunction 70 prevent
the acting Of drama called the "0coroon." The com
painant claims a. assignee OF Bourccaut the author
who took out copy the 18th Of December, 1859
Inc o. me NV res 'n mo
tuhcency Of the assignment Tue hrst objection that
thus drama had been performed At the Winter Garden
theatre In New York the 9Th day OF December, 1850,
and several other days previous 70 the 12h aad That
Bourc cault was thus presuded from taking out copy.
right Whether previous publication the 9Th Of Do
oember would have studied the author from taking
copyright Ter the statute OF 1881 have occasion
now 10 c,nsder, because aching or representing not
publication. II has been decided In England, both
upon the question OF Infringement and upon the question
Of dedication 70 the public, so as 70 prevent
ch 100, assumes the doctrine that representation
is not publication, for that at was passed TO give 10
right Of acting AID representing, which they did
enjoy uuder the previous statates Yet the prior
secured 10 them the exclusive right Of printing and
publishing; and II was only because publication did 10,
embrace acting representation that the statute Of
1855 passed, superadtng that exe usive right -
those previously enjoyed Toe second objection "a tia,
no pripted title Of ms work was de- osiIed Gle
Office. required by statute OF 1881 sec The on
cvid upon this point the record from the Clerks
Office Of the taking out Of the copyright which Ia the
form pr secribed By that section II 10 true that a.
general rule the retarn record made by executive
officer forth al the facts AIRY 70 give
idty 10 bis doirgs that the may whether
Law has been complied with not But this statute pre-
serbes the form Of the return or record 70 Dc male
deposited In the Clerks Office "the title Of q
book" &c "in conformity TO an act OF Goa.
sasd 70 record that TIE title has been dspos.
tied 10 conformity with tue act o. CJigress ani thiak
y ss ,.ps 1 Issre sTe .ns no
y g. case that printed title WAS mol deposited II
stan % merely upon the record II the author nov re
q1fec prove by other evidence that hy requirement
% the law complied With he Iht De under IN, ne
cessy any years hence OF proving by pAro that be hal
,erved o,berrse ,hsu by Ia, record ana Then ali the
recollection OF the Transaction may have besu lost; and
the too, although be hsd 10 poser e have sny other
~, scrbed have said that the record prrs1 fdsse
evidence that printed title vas deposited Whether ~
Conclusive or not Ihave no occasion I, decide Tue
third objection that copy Of tnis book de-
posted Clerks clce. The statr,e requires that
such copy shall be deposited within three months after
uhlraiion That time not arrived There been
publication The fourth oolectlon that this drama was
printed By The statute, books maps charts 81,
may be secured ~ copyrish, II this dramatic compo.
stion book within the meaning OF The statute, Il
the subject Of copyright and tue question whether
the term book - tied 10 a literary composition,
carries With II the requirement Of besg printed roere
Z much c7idsoce that Popular lasgoase a. the present
cay tne term book" implies prntei work, uness re
speaking 81 tomehrg other than literary mp.
siof as bsnk books &C TIE statute req ares printed
title pae 70 be deposited ani there Ia force In toe srgu
nsrt that this indicates that the work must be printed
Y ~ be
N the Clerks oce, aud be transmitted 70 the state De
Part eut and copies tine 10 be sent 10 the
library " Corgrcss and the smithsonian Institution
sra u may be Urged that Cppg-ess couli not have
Contemplated that these copies might be 10
script But the langrage Of the statute, vnea De.
scrising vbst maj b. tAe sabect o. Copyright Il,
think. decisive OF this question ii the dr.t copyrzh;
act, vhl n In 1870, u provided the begin
q the nrst section tau tne actnc- " auy book
already printed within these Initei states shall hsva
tie zoe fght and liberty Of prin,lsg, &c such book
Ard towards the close that scilSn 4 provided tina,
the sCt1or OF ok already male and composed aai
not printed published shall hereafter be made
and composed shsl hare the sole right and liberty
OF printing &c ,su b book Add the statute OF 1891
W force Ard under ~hlch ths copyright Was taken
ont sectonldrst PR that Of any book
which maj be nos made or composed sod not printed
and published or shs hereafter be mate ,ossd,
shall have the cole risat snd liberty OF prlntloz" NC.
Here IL Ia ceary es pressed that book may exist vita
out printing ard such boos when msis composed u
to be entitled 10 copyright THIS objection therefore
not prevail The Atm objection that, prior " tue
writing ofthis drsms Bourcicsct -as 10 the employment
OF sevari and ~rote II his servant, aat that the
work therefore belongs 70 stewart Ths only evdencs o.
any agreement vith stewart Is answer made By hm
" bill In equity ei against tevsrt IN order u enJ ia
him from performing this d-sms the water Sa-den
theatre New YORK, Of which TIE proprie
ter. That sDsser has been fef here a. Al sh5svt
that had set forth agreement, sasa the re
1 .rcni,ai .sx coaie.ds ~ have e--a fooot wn''ns'