Omaha daily bee., 1908-06-02
DEALERS MAY CUT PRICES
United States Supreme Court Decides
Copyright Cases.
REDUCTION NOT INFRINGEMENT
Two Cases Determined where the
Point Appears in Different Con-
neetion-RiEht to Re-
publish Records.

WASHINGTON, June The supreme
court of the United states today decided
three important copyright cases, the opin.
ions being handed down by Justice Day.
The first decision was in the case Of the
Bobbs- Merrill company against r H. Macy
& Co. and Isadore H. Strauss, the decision
being In favor Of Macy & Co.
In this case the court dealt with the ques-
ton whether the sale by retail dealer OF
a copyrighted book below the price fixed
by the publishers is an infringement Of
copyright The Bobbs-Merrill company pub
lished a novel and stipulated in a printed
notice that 1t should not be sold for less
tnan 81 per copy. The house of Macy sold
the work for 50 cents and suit was brought
accordingly in the circuit court of the
United States for tine southern district of
New York, but the bill was dismissed. A
ike result followed when the case was ap-
pealed to the district court of appeals and
todsy's decision was in the same line.
The suit was based on the theory that
the right to dispose of copyrighted work
gives the owner the right to place restric-
tions on its sale.
Right to Fix Price.
The right of publishers to regulate the
price at which their books may be sold by
the two cases of Charles scribner's Sons
against Isadore and Nathan Strauss, doing
business as r. H.. Macy & Co. all of New
York, which was against the former con-
cern. The suits were brought by the Scrtb-
ners as representatives of the American
Publishers association and they sought in
the first of them to enioin the defendants
from selling their copyrighted books at
prices below those fixed by the association
and from buying any such publications
from anyone who is not a member of the
association on the ground that such a
course is infringement of copyright. In
the second case the allegation was that
Macy & Co. had sought to induce other
dealers to violate their contracts with the
publishers.
Relative to Cut Prices.
The fact was brought out that the pub
fishers association requires firms dealing
in their copyrighted books to enter into a
contract to maintain fixed prices for a
year and not to sell to anyone who would
cut prices. The circuit court Of appeals
decided against the publishers in both
cases. holding that the sellers had not
agreed to cut prices and there was nc
evidence of an effort to 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 in deciding the case of the Globe
Newspaper company of Boston against
George ii. Walker & Co., in which the
decision was favorable to the newspaper
The suit grew out of the fact that tho
| Globe reprinted a map Of the electric rail-.
/ ways of Massachusetts, which was com
piled by Walker, and published as a part
/ Of state report in 1889. Walker brought
/ suit for damages on the charge of infringe
I ment of copyright and the United States
circuit court for the district Of Massa
/ chusetts awarded him $50, but the su
preme court reversed the decision of tn,
lower court.