The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-05-04
The Literary Outlook.

An interesting case in copyright is
now up before the Court of Appeals.
A Boston publisher is suing New
York publisher for infringement of copy
right on Harriet Beecher Stoves THE
Minister'S Woong." and Oliver Wendell
Holmes THE Professor at the Breakfast
Table" 1t seems that twenty-nine out
Of forty-two chapters of ''The Minister s
Wooing" were published serially in the
year 1859, when the whole book was pub
llshed and copyrighted by the author as
whole. Then the remaining thirteen
chapters were issued serially without
anything more than the publishers gen
eral copyright. The Circuit Court held
that the publication of the first twenty
nine chapters of the story without any
copyright abandoned them to the public.
and that, as the remaining chapters We're
published without proper notice of copy
right sufficient notice was not given of
a copyright by Mrs. Stowe. The case
OF THE Professor at the Breakfast
Table" was similar. Ten of the twelve
parts of the book were published serially
without any notice of copyright. When
the book appeared it was copyrighted by
the author. The Circuit Court of APP
peals held that a literary work published
serially with the consent of the author
and copyrighted in the name of the pub
fishers gives rise to such conditions that
the author can not subsequently secure
the copyright. If the author subsequently
publishes the book, together with copy
right notice in his own name, instead
of that of his publishers under which
the original copyright was taken out,
such republication with such notice con-
stitutes, according to the court, an aban-
donment of the copyright.
Perhaps in years to come it will be
possible for some one to master the in
tricacies of the copyright law. AS it
stands at present, it can not De said that
any one person is able to interpret it.
1t is interesting to note that the New
York publisher who was involved iii the
above case is the author OF the most
authoritative work on our copyright law
which has yet been published.
Hobart Chatfield- Taylor, whose last
novel, "The Crimson Wing" is making
a commendable record of sales, is now
in Washington getting material for an
other novel, which he hopes to have fin
ished by the coming winter. The dra-
matte rights of "The Crimson Wing
have been secured by Mr.. Daniel Froh-
man, and the play will probably be seen
on the boards next season.
Somehow or other. the general read
ing public has conceived the idea that
Mr.. Chatfield- Taylor is more of glass
Of fashion than he is an author. The
hot
object in life now is to live down the
general impression that he is a dude"
rather than to write the great Ameri-
can novel. 1t seems that Mr.. Chatfeld-
Taylor was unfortunate enough to be
we'll born and to have had an excellent
education, both in this country and
abroad During his youth he travelled
extensively in Europe, and it happened
that when Princess Eulalie visited Chi
cago at The time of the Worlds Fair
there were few natives of that progress
sive city who knew just how she should
lie treated. Mr.. Chatfield- Taylor was one
or the few, ard the committee of ar
Engagements persuaded him to take
charge of her reception and entertain
ment. AS a boy, Mr.. Chatfield- Taylor
was plain Hobart Chatfield Taylor, but
an uncle. a Mr.. Chatfield, with whom
the young man was a favorite, made a
sort of death-bed request of him that
he perpetuate his name. The young man
promised to carry out his bachelor uncle
desire, but when he requested the courts
to use his middle name, Chatfield, in the
hyphenated surname, it was decided that
this could not be done, and the only solu-
ton of the problem was to insert an