Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1895-06-17
THE CRUEL WAR is OYER.
JUDGE WALES RENDERS A DECISION
IN The cosTA-BARRY CASE.

He Refuses to Grant Preliminary To-
junction Restraining Harry From Pub
liahing Hia Dlrectory-Te OF the Do
cision.
Judge Wales handed down q decision
IN United States Court this morning in
the cafe Of Mary A. Costa va. Homer
Barry, suit for infringement OF the
plaintiffs copyright In the Wilmington
directory.
The motion was for preliminary in
Junction, pendente lite, TO restrain the
defendant, Barry, from continuing the
publication OF his alleged infringing
book. Ia his decision Judge Wales says
Several defenses are made TO the
bill, only one OF which It will BE-
necessary to consider, and which If
sustained is fatal to the present suit
The defendant claims that the plaintiff
never secured and is not entitled TO a
copyright because she failed to comply
with the conditions of the 'aw of Con
eress which confers upon authors and pub.
fishers an exclusive right OF property In
their books and publications for a certain
term Of years Those conditions will be
found Ia section $3.50 OF the Revised
Statutes, as amended by the act OF
March 2, 1891, which provides that No
person shall be entitled to a copyright
unless he shall, on or before the day OF
publication Ia this or any 70 eign ooun
try. deliver at the Office OF the
librarian Of Congress-. or deposit ia the
mail within the United States addresse q
TO the librarian Of Congress at Wash
ington, District OF Columbia. printed
copy Of the title page Of the book for
which he desires q copyright
Nor unless be shall also, not later
than the day Of publication thereof Ia
thls or any foreign country,
deliver at the Office OF the librarian N
Congress, at Washington. District Of
Columbia, two copies Of such copyright
book
The statute also prsscribes (sectIon
| 4,962l that no person shall maintain an
action for the infringement Of his COPY
right unless he shall give notiee lheroi
BY Inserting In tne several copies Of
every edition published on the title page
or the page immediately following, N il
be book the following words, Entered
according TO the act OF Congress, In the
year. etc
"The plaintiff. in her amended bill
/
conditions for obtaining the said COPY,
right, including the deposit OF copies OF
this publication mentioned, Ia accordance
with the statutes Of the United States
Ia that behalf
The amended answer denies this
statement OF the plaintiff, and says that
Costas Wilmington City Directory 70,
1894 WAS published and upon the marke a
/ f,tr ed Ia haf a. u u. "a
and that the plaintiff did not deposit two
copies OF the bvok In the Office 81 III,
librarian Of Congress until the 18Th day
OF July, 1894, more than two month,
sitter the day OF publication. AS ths
facts alleged in the amended answer hav.
not been denied, and as the statement q
the plaintiff is OF the most general char.
acter, and unsupported by any proof thai
copies OF her book were deposite,
within the time limited by law
her present suit cannot be maintained
The applicant for copyright must ODE,
every one Of tho requirements OF iii,
statute which has made them ali OF toua
force; and the court cannot interpose I,
dispense with one of them any more thar
1t can dispense with all The question
does not admit Of discussion A copyrigh
could not be obtained at common law. I
is statutory right which can exis
only in accordance with the condition
OF the law which creates 1t, and as tb
complainant, from whatever cause, ha
neglected to observe one OF thes
conditions, her book has not beel
copyrighted. The law OF the case wa
settled by the Supreme Court Of til
United States In Wheaton and Donaldson
W. Peters ami Griggs, Peters
SOL See also Merrell VS.. Tice. 10
United States 557; and Banks vs
Manchester. 12S United States, 224
The motion is refused. This ends tn
famous directory war