Evening star., 1909-09-11
RIGHT TO COPYRIGHT
Court DissoIves Injunction on
Peary Narrative.
NOT BINDING AS A BOOK
Claim of New York Times Denied
by Judge Learned Hand.
EXPLORER GOT $4,000 AS LOAN
Right to Exclusive Publication OF
Advance Sheets Tested by Rival
New York Newspapers.

On an OrOer requiring the PUBLISHERS -
the World and the Sun to show cause
why they should not be enjoined from
printing the narrative of Lieut. Peary's
trip to the north pole exactly as appears
in the New York Times was heard yes
terday by Judge Learned Hand, sitting
in the United States circuit court.
Alfred A. Cook OF the firm of Leven-
tritt. Cook & Nathan, who procured the
order. represented the New York Times
Company at the hearing; James M. Beck
of the firm Of Sherman & Sterling ap-
peared for the Sun Publishing Company
and w. H. Van Benschoten Of the firm
Of Bowers & Sands the Press Publishing
Company. Col. James Moloney was pres
ent as special counsel of the New York
Times.
The proceedings were opened by Judge
Hand asking Mr.. Cook II the copies OF
Lieut.. Peary's book had been mailed to
the librarian of Congress at the time
of the issuance of the preliminary re-
straining order at a late hour Thursday
night. Mr.. Cook replied that the two
copies required by the copyright law
that there had been sales of the copy
righted book. This book consisted of
Peary's dispatches in pamphlet form.
Might Suppress Historic Events.
III the theory upon which the appli-
cation for this injunction is based was
pushed to it's logical conclusion said
Mr.. Beck. who. by agreement, made the
argument for both the World and Sun,
''one of the most important events In
the history of the world could be kept
from the public excepting such as were
readers of the New York Times. 1t
matters not whether Lieut.. Peary was
the first or second white man to reach
the north. pole. The event was an his
torical che and through this proceeding
1t is sought to enjoin the World and
the Sum- from publishing a great his
torical fact accomplished by a United
States naval officer engaged on public
northern trip can be kept from all the
people save those who read the Times.
then the scope OF copyright protection
has been made to cover wider circle
In case the editor Of the Times de-
cided to suppress the story, then, under
the new construction OF copyright
Peary's story could be kept from the
people of the entire world"
Judge Hand said he did not consider
that the copyright law was intended to
choke of the printing of a vital fact, but
simply to protect the rights OF the author
Of a literary production. He admitted
that the moving papers which had been
hurriedly drawn up were poor and re-
quired them to be supplemented.
Not a Literary Production.
'-The only averment contained in the
papers," continued Mr.. Beck. ''is that the
defendants printed a cablegram from
London containing q bald statement of
facts-a summary which in no wise could
be considered q literary production in
form or character Their claim IL follow
n 1n0iral conclusion
prevented the newspapers OF the world
from publishing the fact that the Span
iards had been whipped at Manila, II Adj
miral Dewey had previously entered into
An agreement with the Times.
'It cannot be that the report of a naval
officer engaged on q public mission is
private property and can be copyrighted
by a single newspaper. It would be in
formation for which the people OF tha ma
tion were paying and were entitled to as
soon as known. The copyright laws were
framed to protect literary work. the ad-
vancement of science. etc.. but not to
monopolize the recital of an historical
fact"
When Judge Hand spoke of the appear
ance Of the summary In the World and
the Sun exactly as 1t was printed in the
Times. Mr.. Beck referred to 1t as being
similar to a train timetable and added
the comment that printed In book form it
was pretense and fraud unsanctioned
by law: ~ - .,
the law permits" said the lawyer, who
less appeared in the London Times, had
been cabled to the respondents in this
city before Its appearance in the Times
here.
Printed Cooks Narrative.
''If you examine the New York Times
of September g." continued Mr.. Beck.
''you will find 1t printed DR.. Cooks story
Of the trip to the north pole exactly as it
appeared In the Paris edition of the Her.
aid"
After some further discussion Judge
Hand said he would not grant a perma-
nent injunction until he had inspected the
contract Of the New York Times with
Lieut.. Peary. Counsel for the Times OBJ
jected. but the contract was finally pro-
duced.
Those who inspected 1t were interested
to note. in view of q claim in the COM
plant alleging that complainant incur
red large expenses" that the Times did
not pay Commander Peary anything out
right, but merely advanced him $4,000 as
loan. This money was to be repaid to
the Times from the proceeds Of syndcat-
ing or otherwise disposing of Peary's dis
patches. Commander Peary was careful
to stipulate that the Times had no con-
nection with the expedition on which he
was about to embark.
Peary's Agreement With Newspaper
Peary's agreement with the Times fol-
lows:
New York. July g. 1908
The New York Times. New York City.
Gentlemen: herewith acknowledge re-
ceipt Of the sum Of four Thousand dollars
$4,000 from the New York Times. on be-
half of itself and its associates.
1t is understood that in making this
advance the Times does not assume any
responsibility for or any connection with
the expedition on which / am about to
embark, and which has for its object the
finding of the north pole. The money is
advanced to me as a loan, to be repaid
to the New York Times and its associates
out of the proceeds OF news and literary
rights resulting from this expedition, 1t
being understood that II for any reason
the expedition Is abandoned before the
fall OF 1908 the money is to be refunded
to the Times. II the expedition Is sue
cessful and the pole is discovered prom
reach civilization and wire to the Times
the full story OF the discovery over my
signature. The Times is to have the sole
rights to the news Of the discovery, and
Is to have the exclusive right to its
publication in all parts OF the world.
Plan Of Repayment.
My understanding is that the Times,
on it's part, agrees to syndicate this
news, both in Europe and in America.
and to give to me the entire amount 1t
receives after deducting the cost OF cable
tolls, etc. The Times and It's associates
will pay what they consider a reasona-
BILE amount for the use OF tho material In