Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-08-19

ihsh tieai Ccishsli HsSdfe. aud S6s s8pssibtsadsd
ne lim No ohp.risjt Of thls publication vas thea
,isifped or taken OUT. After the d!ssoiu 5a OF The
Union, end the organization Of the Government ofthc
Coniedera States and the commencement, OF this pres
nt war there eprapg up great demand for this work
In s6l Gen Ha: dee IN. son slight alterations in the
work. and under al arrangement between him and s.
H. Goeiz Il Co an lition OF the work, with the a.
terations was publis ed by Goeze Co. in 1861, in
Mobile. Goeizl Go. duly entered the title Of tue
work in the clerks Office Of The Confederate States DIE
tric curt az Mobile aod took out copyright. ln the
same year SOLD. W. Randolph published in Richmond,
Va an edition Of Hardees Taccs from and correspond
ing with the Philpdep hia edition Of 1866
The defendant Titoomb, bookseller in Mobile, sold
here SOM copies Of r. dophs edition after Goetzel
Co had taken out their cop right aGd the bill ia this
case filed to prt vent ncOmb selling such Copes
do thEk it necessary TO decide in Ibis case several
of the quest OILS which raised and somewhat dis
cussed at the bar The lRn question In the is the
light of Gen. H,Ides OF Goetzs Co 10 take out
COPYRIGHT for this work ia sGl. L. is admitted that the
Philadelphia edition Of 1850. aud R4ndophs edition OF
lsGl ace precisely alike and substantially the
GOei2els edition vi 1901 the OILY difference being in
me alterations made by the author in 1861, and en-
braced in Goetz Is edition. They are ali substantially
the came
1t is quite immateral, think in this case, whether
the Philadelphia edit on OF 1855 is 20 be regarded
Government work or the private wo of Gen. Hardee.
Whether tie one the other, it Undoubtedly pub
ished to the world Witl N. Hardce's knowledge aud
consent, aud without his then claiming taking out
copyright for IT, TITS was in my nou dedc alton at
the work to the public 1t became then what the law
books terms paJc jriS and any person i'll the United
States, thea embracing wha, is the Confederate
States, had 4 dgEt TO publish and eel! many editions
and copies OF il as he pleased.
10 not think the secession vi some OF the States
and the formation Of the Government Ct the Conlede
rate Sacs diminished at ed the rights of the pub
lie or increased those OF Gen. llard,e in this respect
Our stItuc which Is the same the old United Safes
statute does permit copyright to be taken out Tor
work that has been previously published. IL can ony
be taken out for works not previously pubished IL Is
insisted that Trevio public alton IN foreign country
does not preclude an suttOc from getting copyright
for the same wOIk ia his country, If spp ell for
within reasonable time. That is a question which
seems never to have been positively definitely de-
cided III the Elgsh American Courts; 90 think
il neces ary to decide t in this case. The publication
of the Philadelphia edition Of 1850 made when this
country was part Of tie United States II then
publication in this countty, and it much to the
pubic in Virginia CT AabamI the public Of Penn
sylyauii L. is not like publication in foreign coun
try Il was no DOUBT meri.oroG' ret in the gallant
General aud enterpising publisher to prepare and pub
ll.h this edi;io but am fully satisfied they had 10 e
gal right 20 take gu: a copyrgh: for IT, Toe bill must
Iher,iore be dismissed the OF the conpl nsns.
WILLIAM G. JONES, Ju'gs.