The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-06-02
SOME IMPORTANT
CASES DECIDED
Owners of Copyrighted Book
Cannot Regulate the
Sale Price.
NEWSPAPER WINS A CASE
REPUBLICATION OF A MAP NOT
ALWAYS PIRACY.

Washington, June 1.-The supreme
court Of the United States today decid-
ed three important copyright cases, the
opinions being handed down by Justice
Day. The first decision was in the case
of the Bobbs Merrill Co. VS.. r. Il. Macy
& Co. and Isidore H. Strauss. The de-
cision was in favor of Macy & Co. In
this case the court dealt with the ques-
ton whether the sale by retail dealer
of a eopyri GIFTED book below the price
fixed by the publishers is an infringe
ment of copyright The Bobbs- Merrill
company published a novel and stipu-
lated in a printed notice that il should
not be sold for less than 81 a copy. The
house of Macy sold the work for SO
cents, and suit was brought according
~ IN the circuit court of the United
States for the southern district of New
York. but the bill was dismissed. A
like result followed when the case was
appealed to the circuit court of appeals,
and today's decision was in the same
line. The suit was based on the theory
that the right 10 dispose of a copy
rlghted work gives the owner the right
70 place restrictions on its sale.
Case of the scribners.
The right of publishers to regulate
the price at which their books may be
sold by retailers and jobbers also was
involved in the two cases Of Charles
ScTibneTs' Sons vs.. IsidOre and Nathan
Strauss, doing business as r. H. Macy
q Co, all of New York, which was
against the former concern.
The suits were brought by the Serb
ners as representatives of the American
Publishers association, and they sought
In the first of them To enjOin the de-
PENDANTS from selling their copyrighted
books at prices below those fixed BY
the association, and froW buying any
such publications from anyone who is
now a member Of the association on
the ground that such course is an in
frinsement Of copyright. In the second
case the allegation was that Macy K
co. had sought To induce other dealers
10 TiOlate their contracts with the pub
fishers.
Against the Publishers.
The fact was brought out that the
Publishers association requires firms
dealing in their copyrighted books To
enter into a contract To maintain fixed
prices for year, and not To sell to
anyone who would cut prices. The cir
cult court of appeals decided against
Jhe publishers i'm both cases, holding
tiaI the settlers ldu not agreed not To
cut prices, and there was no evidence
of an effOr, 10 influence others.
That the republication of a map
printed in an official publication is not
always piracy under the copyright law
was held today by the supreme court
OF the United States i'm deciding the
case of the Globe Newspaper company
Of Boston VS.. George II. Walker K Co,
i'm which case the decision was favor
able 10 the newspaper. The case was
important, because of the fact that the
Globe reprinted "A map of the electric
railway of Massachusetts which was
compiled by Walker, and published as
a part of d state report in 1899. Walker
brought suit for damage on the charge
of infringement Of copyright and the
United States circuit court for the dis
trict of Massachusetts awarded him
$3.50. but the supreme court reversed
the decision of the lower court