West Pub. Co. v. Lawyers' Co-operative Pub. Co.
U.S. Circuit Court for the District of Southern New York
This is an action in equity, upon final hearing, to restrain the infringement of 507 copyrights covering that number of pamphlets, published by the complainant, containing reports of decided causes in the state and federal courts. A motion for an injunction pen-dente lite having been made (53 Fed. 265) the question of infringe-meiit was referred to a master (W. S. Doolittle) who filed a report (May 22,1893) finding infringement in 308 para graphs.
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This is an action in equity, upon final hearing, to restrain the infringement of 507 copyrights covering that number of pamphlets, published by the complainant, containing reports of decided causes in the state and federal courts. A motion for an injunction pen-dente lite having been made (53 Fed. 265) the question of infringe-meiit was referred to a master (W. S. Doolittle) who filed a report (May 22,1893) finding infringement in 308 para graphs. The master also filed the following opinion, which sufficiently states the facts in controversy: ‘•This is a reference to the master to hear and…
1Opinion of the Court
GOXE, District Judge.
It must be regarded as settled law in the United States that an author has no exclusive property in a published work except under some act of congress, and then only when he complies with the provisions of the act. Wheaton v. Peters, 8 Pet. 593; Banks v. Manchester, 23 Fed. 143, affirmed 128 U. S. 244, 252, 9 Sup. Ct. 36. A reporter can have no copyright in the opinions? delivered by the court or in the syllabi prepared by the- judges. Wheaton v. Peters and Banks v. Manchester, supra: Banks v. Publishing Co., 27 Fed. 50; Nash v. Lathrop, 142 Mass. 29, 6 N. E. 559. A…
2Cases cited16 opinions
- Callaghan v. MyersSupreme Court of the United States · 1888
- Banks v. ManchesterSupreme Court of the United States · 1888
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
- List Pub. Co. v. KellerU.S. Circuit Court for the District of Southern New York · 1887
- Greene v. BishopU.S. Circuit Court for the District of Massachusetts · 1858
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3Cited by4 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- West Publishing Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1909
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- May Co. v. United StatesCourt of Customs and Patent Appeals · 1924