Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-01
RIGHTS OF VENDORS
important Cases Decided
Against Publishers.
EFFORTS TO HOLD PRICES
Bills of Appellants Dismissed by the
Supreme Court.
REPRINT OF OFFICIAL MAPS
Decision Against Delmar Jockey Club
of Observation-Disclosures of
Waters by Mining.
REPRINT OF OFFICIAL MAP

Tie Supreme Court OF the United
States today decided three important
copyright cases. the opinions being hand
ed down by Justice Day. The first de-
cision was in the case of the Bobbs AIer-
rill Company against r. r. Macy & Co.
In this case the court dealt with the aues-
tion whether the sale by a retail dealer
of copyrighted book below the price
fixed by the publishers is an infringement
of copyright. The Bobbs- Merrill Company
published a novel and stipulated in u
printed notice that It should not be sold
for less than one dollar :; copy. The
house of Macy sold the work for 80 cents.
and suit was brought accordingly 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 cir
cult court of appeals. and today's dect-
sion was in the same line. The suit was
based on the theory that the rign: 10 dis
pose Of a copyrighted work gives the
owner the right to place restrictions OH
its sale.
The right ot publishers to regulate the
price at which their books may he sold
by retailers and jobbers also was involved
in the two cases of Charles Scribner's s
Sons against the same business house.
which was decided against the former
concern. The suits were brought by the
Scribners as representatives OF the Amer
lean Publishers Association. and they
sought In the first of them to enjoin the
defendants from selling their copyrighted
books at prices below those fixed by the
association and from buying any such
publications from any one who is not
member of the associa tion on the ground
that such q course Is an infringement OF
copyright. In the second case the allie
cation was that Macy " Go. had sought
to induce other dealers to violate their
contracts with the publishers.
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
year and not to sell to any one who
would cut prices. The circuit court OF
appeals decided against tire publishers in
both Instances, holding that the sellers
had not agreed not to cut prices and that
there was no evidence of an effort to In
huence others.
That the republication of "a map print
ed 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 g. Co. in
to the newspaper. The suit grew out of
the fact that the Globe reprinted map
of the electric railways OF Massachusetts
which was compiled by Walker and pub
llshed as a part Of a state report in 1890.
walker brought suit for damages on the
charge of infringement of copyright and
the United States circuit court for the
district OF Massachusetts awarded him
$50. but the Supreme Court reversed the
decision Of the lower court